- 1 - HC-KAR NC: 2026:KHC:4354 WP No. 33858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.33858 OF 2025 (GM-FC) BETWEEN: MRS. KATHERINE CARL PREVIOUSLY KNOWN AS AMIDHA PRINCY FLORIDA AND ADHITI KUMARI D/O. MR. SUDHIR KUMAR AGED ABOUT 31 YEARS NO-341, 2ND CROSS, 5TH MAIN NGEF LAYOUT, SADANAND NAGAR BENGALURU-560 038 …PETITIONER (BY SMT. PRUTHA BHARATHI, ADVOCATE FOR; SRI SHISHIRA AMARNATH, ADVOCATE) AND: MR. RAKESH CHRISTOPHER PREVIOUSLY KNOWN AS RAKESH RAJAN D. Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4354 WP No. 33858 of 2025 S/O. LATE N. DAS AGED ABOUT 38 YEARS APT. NO-401, SKS INFINITY NO-121, 3RD A CROSS KASTURI NAGAR BENGALURU-560 043 …RESPONDENT (BY SMT. P. BHAGYA LAKSHMI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.07.2025 PASSED BY THE I ADDL. PRL. JUDGE, FAMILY COURT, AT BENGALURU IN G AND WC NO.260/2025 IN I.A. NO.2 AT ANNX-A. 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:4354 WP No. 33858 of 2025 ORAL ORDER Heard Ms.Prutha Bharathi who represents Sri.Shishira Amarnath, learned counsel on record for petitioner, as well as Ms.P.Bhagya Lakshmi, learned counsel for respondent. 2. Being aggrieved by the order that is passed by the Court of I Additional Principal Judge, Family Court, Bengaluru, dated 19.07.2025 in G&WC No.260/2025 this writ petition is filed. 3. Arguing the matter learned counsel for the petitioner submits that the petitioner is the wife of the respondent, however their marriage was dissolved through mutual consent. Terms and conditions were reduced to writing. Later, respondent filed a petition to declare him as the permanent guardian and custodian of the minor child by name Master R. Kenneth Christopher. He also filed interlocutory application i.e. IA No.II seeking ad-interim order restraining the petitioner herein who is the mother of the child or any one claiming under her from forcibly - 4 - HC-KAR NC: 2026:KHC:4354 WP No. 33858 of 2025 taking custody of the minor child from him. The Court granted such an order and aggrieved by the same, the present writ petition is filed. 4. Learned counsel states that as per the terms and conditions agreed upon, the child should be under the custody of the petitioner herein and the respondent/father was given liberty to visit the child weekly twice. Thus, the order passed restraining the petitioner/mother from the custody of the child is improper. 5. Per contra, the submission that is made by learned counsel for respondent is that the petitioner/mother could not take care of the child and therefore she voluntarily dropped the child at respondent/father's place and thereby respondent took the custody of the child. 6. The operative portion of the impugned order reads as under: - 5 - HC-KAR NC: 2026:KHC:4354 WP No. 33858 of 2025 "I.A.No.II filed by the petitioner under Order XXXIX Rule 1 and 2 of Code of Civil Procedure read with Section 12 of Guardians and Wards Act, is hereby allowed till next date of hearing. Exparte temporary injunction order is granted by restraining the respondent or any other person claiming under her from forcibly taking away the minor child Master R. Kenneth Christopher from the custody of the petitioner till next date of hearing. Issue exparte T.I. order and notice on main petition to the respondent, returnable by 15.09.2025." Thus, the aforementioned order makes it clear that the said order is not the final opinion of the Court and it is only an interim arrangement. 7. Having considered the rival contentions and as the interlocutory application i.e. IA No.II is yet to be disposed of by the Family Court finally, this Court is of the view that the writ petition can be disposed of directing the Family Court to hear both parties and to dispose of IA - 6 - HC-KAR NC: 2026:KHC:4354 WP No. 33858 of 2025 No.II on merits. Therefore, writ petition is disposed of with the following ORDER i) The Court of I Additional Principal Judge, Family Court, Bengaluru, is directed to hear both parties in case they advance their arguments and to dispose of IA No.II in G&WC No.260/2025 within a period of 30 days from the date of receipt of copy of this order. ii) Registry to send copy of this order to the concerned Court forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 37