Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 9293 (KAR)

MR. YOGESH KUMAR TRIPATHI v. MRS. ANINDITA MATHUR

WP/33937/2025 · 2026-02-06

Chillakur Sumalatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.33937 OF 2025 (GM-FC) BETWEEN: MR. YOGESH KUMAR TRIPATHI S/O MR. DINESH BABOO TRIPATHI, AGED ABOUT 35 YEARS, RESIDING AT FLAT NO.27, GROUND FLOOR, 21ST CROSS ROAD, 9TH MAIN, N.S.PALYA, BTM 2ND STAGE, BENGALURU- 560 076. …PETITIONER (BY SRI. NAGARAJ R.,ADVOCATE) AND: MRS. ANINDITA MATHUR W/O MR. YOGESH KUMAR TRIPATHI, D/O MR. MOHIT MATHUR, RESIDING AT FLAT NO. C-302, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 SNN RAJ LAKEVIEW APARTMENT, PHASE-2, RANKA COLONY ROAD, BILEKAHALLI, BTM 2ND STAGE, BENGALURU- 560076. …RESPONDENT (BY SRI. SARVAD KAMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 06.03.2025 PASSED IN G AND WC. NO-410/2023 BY THE PRINCIPAL JUDGE FAMILY COURT, BENGALURU (ANNEXURE-A CONSEQUENTLY ALLOW (IA NO.2) ) IN G AND WC. NO- 410/2023 AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 ORAL ORDER Heard Sri.Nagaraja R., learned counsel for the petitioner as well as Sri.Sarvad Kamath, who represents Sri.Bhargav G., learned counsel on record for respondent. 2. Seeking the Court to quash the order that is passed by the Court of Principal Judge, Family Court, Bengaluru, on I.A.No.II in G&WC No.410/2023 dated 06.03.2025, this writ petition is filed. 3. The undisputed facts of the case are as under; a)Petitioner is the husband of the respondent. b)Their lawful wedlock resulted in birth of a male child Master Bhuvik. c)The child is aged around three years as of now. d)Petitioner herein filed a petition under Section 12 of the Guardian and Wards Act, 1980 seeking visitation rights of the child, - 4 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 Master Bhuvik (hereinafter be referred to as 'the child' for convenience of discussion), during weekends, holidays, birthdays and festivals. e)Family Court through the impugned order permitted the petitioner to visit the child on every first and third Saturdays between 03.00 p.m. and 04.00 p.m. in the visitation room of Nyayadegula. 4. Learned counsel for the petitioner submits that respondent/mother is preventing development of bondage between the child and the petitioner/father. On every date of visit, she brings child 15 to 20 minutes late and exactly at 04.00 p.m. she snatches the child from the petitioner. That apart respondent or her father will be present along with the child so as to prevent the petitioner getting associated with the child closely. Learned counsel thereby seeks to allow the writ petition and permit the petitioner to - 5 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 have the custody of the child on all the dates as detailed in his petition. 5. Learned counsel for respondent on the other hand states that there is no safety to the child in the hands of petitioner. Petitioner used abusive words on number of occasions against respondent and her family members. Furthermore, petitioner cannot manage the child for long hours. Considering all these facts, the Family Court passed a reasoned order and therefore the writ petition is not maintainable. 6. Gone through the contents of the relevant material brought on record including the impugned order. Admittedly, within one hour it would be highly difficult for the petitioner to get the child prepared for any conversation, thereafter converse with the child and shower his love and affection towards the child as father. Considering apprehension of respondent, this Court is of the view that, for best interests of the parties and the child, it would be wholly desirable if the period of visitation - 6 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 is extended by one more hour. Therefore, the writ petition is disposed of with the following ORDER i. The order rendered by the Court of Principal Judge Family Court, Bangaluru, on I.A.No.II in G&WC No.410/ 2023 dated 06.03.2025 is modified. ii. Petitioner is permitted to interact with the child between 03.00 p.m. and 05.00 p.m. on first and third Saturdays of every month in the same place as indicated by the Family Court in the impugned order. iii. As the place where the petitioner visits the child is highly secured which fact is not in dispute, respondent is directed to keep herself away from the child during such visitation. Likewise, none of her family members shall be present during that time. iv. This arrangement shall continue for a period of six months or till the disposal of G&WC No.410/2023 by the Family Court, whichever is earlier. - 7 - HC-KAR NC: 2026:KHC:7038 WP No. 33937 of 2025 v. The Court of Principal Judge, Family Court, Bengaluru, is directed to review the situation in case, G&WC No.410/2023 still remains pending on expiry of the period of six months and thereafter to pass necessary orders in respect of visitation rights on hearing both parties. The writ petition is accordingly disposed of. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 33