ASADULLA SHARIFF v. Court of Karnataka

Heard Sri. Vardhaman V. Gunjal, learned counsel for the petitioner.

This writ petition is filed by petitioner/husband, under Articles 226 and 227 of the Constitution of India, seeking direction to the Court of V Additional Family Court, Bengaluru (hereinafter referred to as the ‘Family Court’) to dispose of O.S.No.148/2021 which is pending on its file time bound, with the following prayers: Wherefore, the petitioner prays that this Hon’ble court may be pleased to:

Issue a writ of mandamus directing Family Court in OS No.148/2021, pending on the file of the Vth Addl. Family Court, Bangalore time-bound disposal of the suit seeking declaration of dissolution of marriage; - 3 - NC: 2026:KHC:17026 WP No. 387 of 2026 HC-KAR

2. Quash the order dated 09.11.2023 vide Annexure-A rejecting the IA No.6 and by common order passed by the Learned V Addl. Family Court, Bangalore;

Issue a writ of Mandamus directing Respondent NO.1 to immediately hand over custody of the minor son to the Petitioner in compliance with the Family Court order Vide Annexure D Dt.07-12- 2023 in G and WC No.364/17 (Respondent No.1 has filed MFS NO.1768/2024-yet to be admitted) Direct Respondent authorities to stop recovery of rent from initiate eviction salary and the petitioner’s proceedings;

Restrain Respondent No.1 filing frivolous complaints before the vexatious and petitioner’s employer on matrimonial issues;

Direct Respondents 2 and 3 authorities to stop recovery of rent from the petitioner’s salary and initiate eviction proceedings;

Grant such other reliefs as this Hon’ble Court deems fit in the interest of justice. Brief facts of the case are as under:

3. This is a petition under section 7(a) and 25 of the Guardians and Wards Act, 1890, read with Section 7(g) of the Family Courts Act, 1984, seeking to appoint the petitioner - father as the guardian and grant him - 4 - NC: 2026:KHC:17026 WP No. 387 of 2026 HC-KAR permanent custody of his minor children, Muhammad Daniyal Shariff and Muhammad Luqman Shariff.

4. The petitioner contended that following their marriage in the year 2004 which was performed under Mohammedan Law, the respondent began a course of harassment, mental torture, and abandonment of domestic duties. He asserts the Respondent prioritized her career and personal interests over the children, often returning home late at night. That crucially, the children suffer from an Autoimmune Disease requiring specialized medical care and physiotherapy, which the petitioner claims to have provided single handedly while maintaining his aged parents. He further alleges the respondent maintained an illicit relationship causing a "terrorist atmosphere" in the home and leading to eventually leaving the household.

5. In the objections filed by the respondent/wife, she denied these allegations, portraying the petitioner as a - 5 - NC: 2026:KHC:17026 WP No. 387 of 2026 HC-KAR suspicious and abusive husband who forced her to work and then used her income for his own gain. She claimed to be the primary caregiver, documenting extensive medical treatment she funded herself. Notably, she informed the court that the elder son, Muhammad Daniyal, passed away on 07.01.2021, during the proceedings.

6. The Family Court, upon reviewing the evidence of parties, noted that while both are natural guardians, the Petitioner's testimony as a Civil Engineer earning Rs.1,00,000/- per month remained unchallenged. Significantly, the Respondent failed to subject herself to cross-examination despite multiple opportunities. Consequently, the Court drew an adverse interference against her, rendering her defense as having no legal consequence. Consdering the surviving child's medical needs and the Petitioner's demonstrated financial capacity, the court appointed the Petitioner as the Guardian of Muhammad Luqman Shariff until he attains majority or until his medical condition is cured. The Respondent is - 6 - NC: 2026:KHC:17026 WP No. 387 of 2026 HC-KAR granted visitation rights subject to condition that she shall not not obstruct the child's education or medical treatment.

The petitioner contended that following their marriage in the year 2004 which was performed under Mohammedan Law, the respondent began a course of harassment, mental torture, and abandonment of domestic duties. He asserts the Respondent prioritized her career and personal interests over the children, often returning home late at night. That crucially, the children suffer from an Autoimmune Disease requiring specialized medical care and physiotherapy, which the petitioner claims to have provided single handedly while maintaining his aged parents. He further alleges the respondent maintained an illicit relationship causing a "terrorist atmosphere" in the home and leading to eventually leaving the household. - 7 - NC: 2026:KHC:17026 WP No. 387 of 2026 HC-KAR

Heard the learned counsel for the petitioner and perused the records. Notice to respondent is dispensed with.