- 1 - HC-KAR NC: 2026:KHC:4950 WP No. 21244 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.21244 OF 2022 (GM-FC) BETWEEN: MS. SHINY C. K. D/O. C. M. KUTTAPPA AGED ABOUT 34 YEARS R/AT FLAT NO.65, 3RD CROSS ST. THOMAS TOWN POST KAMMANAHALLI BENGALURU-560 084 …PETITIONER (BY SMT. AHALEKYA V., ADVOCATE FOR; SRI HIREMATH VIJAY NAGAYYA, ADVOCATE AND SRI ANAND MUTTALLI, ADVOCATE) AND: MR. PRITHVI DEVAIAH C. S. S/O. LATE MR. C. S. SOMANNA AGED ABOUT 43 YEARS R/A NO.005, SECTOR-1 Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4950 WP No. 21244 of 2022 B. M. MUSTIC QUEENS 27TH MAIN, PWD QUARTERS SOMASUNDRAPALYA HSR LAYOUT BENGALURU-560 102 …RESPONDENT (BY SRI K. S. BHEEMAIAH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 17.10.2022 IN GWC NO.83/2019 PASSED BY THE HON'BLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT ANNEXURE-A, AT BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:4950 WP No. 21244 of 2022 ORAL ORDER Heard Ms.Ahalekya.V who appears through video conference and represents Sri.Anand Muttalli, learned counsel on record for the writ petitioner. Also heard Sri.K.S.Bheemaiah, learned counsel for the respondent who appears before this Court physically. 2. Seeking the Court to quash the order passed by the Court of III Additional Principal Judge, Bengaluru in G & WC No.83/2019 dated 17.10.2022, this writ petition is filed. 3. Learned counsel for the petitioner submits that evaluation of child by a Counsellor or Psychiatrist is required and therefore, present writ petition is filed. 4. On the other hand the submission that is made by learned counsel for the respondent is that the writ petition itself is not maintainable and further the writ petition has become infructuous. - 4 - HC-KAR NC: 2026:KHC:4950 WP No. 21244 of 2022 5. The Order dated 17.10.2022 reads as under: Petitioner absent. Advocate for petitioner prays time for compliance of orders dated 12.09.2022, reporting that the child is not keeping well. Respondent and counsel present and opposed adjournment. Perused the records. On previous date of hearing also advocate for petitioner failed to comply orders and to keep child present before the Court. Petitioner is directed to keep the child present before the Court to enable the respondent to exercise visitation rights to the child as last chance by 29.10.2022. 6. The aforementioned order makes it clear that learned counsel appearing for the petitioner herein sought time to comply the order dated 12.09.2022. By order dated 12.09.2022, the Court directed the petitioner to keep the child present before the Court to enable the respondent to avail visitation right. The order dated 12.09.2022 is not challenged. Learned counsel for the petitioner only sought time to comply the order dated 12.09.2022 as indicated in the impugned order. Therefore, - 5 - HC-KAR NC: 2026:KHC:4950 WP No. 21244 of 2022 this Court does not find any grounds whatsoever to quash the order dated 17.10.2022 as sought for. 7. On this day learned counsel for the petitioner seeks to refer the child to the Counsellor or Psychiatrist for further evaluation. In the light of the relief sought for in the writ petition and as report received from NIMHANS in respect of evaluation of the child i.e., Miss Anona is on record, this Court is of the view that the child need not be sent for further evaluation that too keeping the proceedings in the writ petition pending where the relief sought for in the writ petition cannot be granted. Therefore, the writ petition is disposed of with the following: ORDER (i) The writ petition is dismissed. (ii) Registry is directed to send the report received from NIMHANS to the concerned Court i.e., the - 6 - HC-KAR NC: 2026:KHC:4950 WP No. 21244 of 2022 Court of III Additional Principal Judge, Family Court, Bengaluru in a sealed cover. (iii) The Court of III Additional Principal Judge, Family Court, Bengaluru is directed to secure the presence of the child, have a dialogue with the child after going through the contents of the report received from NIMHANS and thereafter to take required steps. (iv) On observation of the child and after taking into consideration the submission of both parties, the Court, if it feels necessary, the recommendations of NIMHANS as indicated in the report dated 29.11.2025 be given effect to. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 45