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2026 DAILYLAW 41648 (KAR)

SMT SUMALATHA v. YATHISH KUMAR M S

WP/19573/2026 · 2026-09-18

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010431582026 NC: 2026:KHC:51283 WP No. 19573 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 19573 OF 2026 (GM-FC) BETWEEN: 1. SMT SUMALATHA, W/O M.S.YATHISH KUMAR, AGED ABOUT 34 YEARS, 2. KUMARI CHANDASSU Y., D/O YATHISH KUMAR M. S., AGED ABOUT 5 YEARS, SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER i.e. 1ST RESPONDENT BOTH ARE RESIDING AT R/AT NO. 13, SRS NILAYA, NEAR THIMMAIAH FARM, NAGADEVANAHALLI, JNANABHARATHI POST, BENGALURU- 560056. …PETITIONERS (BY SMT. SHILPA RANI, ADVOCATE) AND: YATHISH KUMAR M. S., S/O M.D.SHIVAKUMAR, AGED ABOUT 34 YEARS, R/AT NO.43/44, 8TH CROSS, ULLAL MAIN ROAD, JNANAGANGANAGAR, JANANABHARATHI POST, BENGALURU-560 056. …RESPONDENT Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010431582026 NC: 2026:KHC:51283 WP No. 19573 of 2026 (BY SRI. KALLIHALA BHOJAPPA KARIYAPPA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 29.04.2026 PASSED ON IA NO. IX IN G AND WC NO.25/2025 BY THE LEARNED VI ADDL. PRL. JUDGE FAMILY COURT BANGALORE AS PER ANNEXURE-E. THIS PETITION, COMING ON FOR PART HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Shilpa Rani learned counsel for the petitioners as well as the Sri.Kallihala Bhojappa Kariyappa learned counsel for the respondent. Also interacted with petitioner No.1 Smt.Sumalatha and respondent Sri.Yathish Kumar.M.S. Also conversed with the child Ms.Chandassu.Y. 2. After discussions, both parties came to an understanding and submitted that the impugned order be modified in respect of place of visitation. Learned counsel for the petitioners states that petitioner No.1 will take the child to the visitation room located at the premises of - 3 - HC-KAR CNR: KAHC010431582026 NC: 2026:KHC:51283 WP No. 19573 of 2026 Family Court, Bangalore and respondent can visit the child at the visitation room. 3. Having considered the fact that the child of tender age is required to be taken to the visitation room at Family Court so that the respondent can spend time with the child and as it will be a difficult task for the mother as well as the child to visit that place every week, this Court is of the view that the visitation right can be granted every alternative week. Thus, the following: ORDER i. The order that is rendered by the Court of VI Additional Principal Judge, Family Court, Bangalore on I.A.No.IX in G&WC No.25/2025 dated 29.04.2026 is modified. ii. Petitioner No.1 is directed to take the child i.e., petitioner No.2 Kumari Chandassu.Y to the visitation room located in the premises of Family Court, Bangalore on 1st and 3rd Saturday. Respondent is entitled to visit the - 4 - HC-KAR CNR: KAHC010431582026 NC: 2026:KHC:51283 WP No. 19573 of 2026 child at said place and is permitted to spend time with the child from 2.00 p.m. to 4.00 p.m. iii. Petitioner No.1 is permitted to be present with the child i.e., petitioner No.2 for first two visits. Thereafter respondent is permitted to spend exclusive time with the child. This arrangement shall continue till the disposal of G&WC No.25/2025. However, Court of VI Additional Principal Judge, Family Court, Bangalore is permitted to modify the arrangement made through this order in case the Court finds any change of circumstances for doing so. The writ petition is accordingly disposed of. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 33