- 1 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.28008 OF 2025 (GM-FC) BETWEEN: SMT. NISHI RANI D/O. SANJAY KUMAR AGED ABOUT 34 YEARS PRESENTLY RESIDING AT VILLAGE NO.344 NAMBIAR BELLEZEA CHANDAPURA DOMMASANDRA ROAD CIRCLE NEAR MUTHANALLUR BENGALURU-560 099 …PETITIONER (BY SMT. SUSHMITHA SURESH, ADVOCATE) AND: MR. ROHIT KUMAR S/O. SATYENDRA KUMAR PANDEY AGED ABOUT 37 YEARS RESIDING AT FLAT NO.405 PB GREENWOOD APARTMENT Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 GREEN GARDEN PHASE 3 K. CHANNASANDRA BENGALURU-560 016 …RESPONDENT (BY SMT. JAYALAKSHMI V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE IMPUGNED ORDER DATED 11.08.2025 PASSED BY THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN M.C NO.630/2025 WHICH IS AT ANNEXURE-A ON I.A NO.3 FILED UNDER SECTION 26 OF THE HINDU MARRIAGE ACT FILED BY THE RESPONDENT INSOFAR AS IT GRANTS WEEKLY VISITATION RIGHTS TO THE RESPONDENT- FATHER HEREIN AND MAY BE PLEASED TO MODIFY THE SAID ORDER BY RESTRICTING PHYSICAL VISITATION OF THE RESPONDENT-FATHER TO THE 1ST AND 3RD SATURDAY OF EVERY MONTH BETWEEN 10.00 A.M., AND 12.00 P.M., WHILE SUITABLY REGULATING VIDEO-CALLING RIGHTS, IN THE INTEREST OF JUSTICE AND WELFARE OF THE MINOR CHILD, WHICH IS AT ANNEXURE-A. THIS WRIT PETITION IS 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:2812 WP No. 28008 of 2025 ORAL ORDER Heard Ms.Sushmita Suresh, learned counsel for the petitioner as well as Ms.Jayalakshmi V., learned counsel for the respondent. 2. Being aggrieved by the orders passed by the Court of II Additional Principal Judge, Family Court, Bangalore, on I.A.No.III in M.C.No.630/2025 dated 11.08.2025, the present writ petition is filed seeking the Court to issue a writ of certiorari and to quash the impugned order. The case revolves around the delicate issue of establishing and strengthening bondage between a three years old kid, Master Kanishk Pandey and his parents, who are the contesting parties in this writ petition. 3. For the sake of convenience of discussion, parties to the writ petition will hereinafter be referred to as wife and husband. - 4 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 4. In a petition filed by the husband for restitution of conjugal rights i.e. M.C.No.630/2025, he moved an interlocutory application vide I.A.No.III seeking the Court to permit him to visit his child. The Court through the impugned order permitted him to spend time with the child on every Saturday in the visitation room, Family Court, Bangalore from 10.00 a.m. to 12.00 noon and also to interact with the child through video call on every Sunday between 04.00 p.m. to 05.00 p.m. Aggrieved by the order thus passed, wife filed the present writ petition. 5. During the course of hearing, on this day learned counsel who represents the husband submits that order on I.A.No.III was slightly modified by the Court increasing the time of visitation on every Saturday from 10.00 a.m. to 1.00 p.m., also permitting the parents of the husband to join him during the said visitation period and further modifying the time of video call and granting video call facility on every Sunday and Wednesday between 06.00 p.m. to 07.00 p.m. - 5 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 6. Learned counsel who represents the wife submits that the wife is also an employee. She spends time at her office from morning to evening from Monday to Friday. Thus, she is left with only two days i.e. Saturday and Sunday to spend material time with the child. Taking the child to the Family Court, Bangalore, on every Saturday, leaving the child for visitation of the husband and again bringing the child back to her home, is a hectic task which the wife is under obligation to undertake on every Saturday. Therefore, she is left with no time either to spend with the child, to take child to any of the places in the weekends or at least to take the child to the hospital for health check-up etc.,. Learned counsel submits that the wife is thereby facing much difficulty and therefore, though the writ petition is filed seeking the Court to quash the impugned order, it is sufficient if there is modification of the impugned order. 7. Per contra, learned counsel who represents the husband submits that wife did not allow the husband to - 6 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 see the child till now and she instructed the child to call the father as uncle. Learned counsel states that with an intention to prevent development of bondage between the child and father, the present writ petition is filed. 8. Respondent/husband who is present in person before this Court submits that slowly he is developing bondage with the child and in case the visitation rights are taken away or restricted, he will permanently lose his relationship with the child. 9. A child of three years old, who is in the custody of the wife i.e. the mother of the child, cannot come to the Court on his own. Therefore, the mother is required to get the child dressed up, feed and thereafter to take proper transportation, come to Court, allow the child to stay with his father and thereafter to take the child again to home and look after him. Thus, as rightly contended by learned counsel who represents the wife, most of the day in a week i.e. every Saturday will have to be spent by the wife - 7 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 for providing such visitation. A woman who works all the five days in a week will certainly feel difficult to again bring the child on every Saturday. Therefore, considering these factors and also considering the submission that is made by the father of the child, this Court is of the view that, in case the visitation rights is slightly modified, it will meet the ends of justice and also will protect the interests and rights of both parties. Therefore, the writ petition is disposed of with the following ORDER i) The orders rendered by the Court of II Additional Principal Judge, Family Court, Bangalore, on I.A. No.III in M.C.No.630/2025 are modified. ii) Respondent-husband is given right to spend time with the minor child Master Kanishk Pandey on every first and fourth Saturday from 10.00 a.m. to 1.00 p.m. During such period his parents are also permitted to join. - 8 - HC-KAR NC: 2026:KHC:2812 WP No. 28008 of 2025 iii) In the light of the submission made that all the expenditure is being incurred by the wife for bringing the child during such visits, respondent-husband is directed to pay a sum of ₹5,000/- to his wife on every such visit towards travelling expenses and for food and nourishment of the child for the said day. iv) So far as grant of right to interact with the child through video calls is concerned, this Court does not find any requirement for interference. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 78