MRS. RASHMI M. S. v. MR. SUPRITH KOLLI

MRS. RASHMI M. S. W/O. MR. SUPRITH KOLLI AGED ABOUT 42 YEARS R/AT NO. 120, 5TH MAIN, POORNA PRAGNA LAYOUT BANASHANKARI 3RD STAGE BENGALURU-560 085 ...PETITIONER (BY SRI MANJUNATH S., ADVOCATE) AND: MR. SUPRITH KOLLI S/O. LATE ADIVYACHARYA KOLLI AGED ABOUT 45 YEARS R/AT NO.203, TIRUMALA ELITE NEAR SAIBABA TEMPLE AKSHAYA VILLAGE, 6TH STAGE, BTM LAYOUT BENGALURU-560 078 ...RESPONDENT (V/C/O DATED 03.02.2026, NOTICE TO RESPONDENT IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE IV ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU TO CONSIDER THE I.A. NOS.8 AND 9 IN G & WC NO.265/2024 C/W G & WC NO.274/2024, PRODUCED AT ANNEXURES-M AND N FILED BY THE PETITIONER UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT INDEPENDENTLY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri. Manjunath.S learned counsel for the petitioner.

Having heard at length learned counsel for the petitioner in respect of merits of the matter, this Court is of the view that both the writ petitions can be disposed of dispensing service of notice to respondent and accordingly, notice to respondent is dispensed with.

W.P.No.1399/2026 is filed seeking the Court to issue a writ of certiorari or any other appropriate writ and thereby quash the order that is rendered by the Court of IV Additional Principal Judge, Family Court, Bengaluru on I.A.No.VII in G & WC No.265/2024 clubbed with G & WC No.274/2024 dated 19.12.2025.

W.P.No.1831/2026 is filed seeking the Court to issue a writ of mandamus and to direct the Court of IV Additional Principal Judge, Family Court, Bengaluru to - 4 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR consider I.A.Nos.VIII and IX in G & WC No.265/2024 clubbed with G & WC No.274/2024 which were filed by petitioner independently.

Learned counsel for the petitioner submits that petitioner is the wife of respondent. The lawful wedlock resulted in birth of a male child Master Akshaj Kolli. The child is now residing with his father i.e., respondent herein. Respondent filed a petition invoking Guardians and Wards Act seeking the Court to declare him as the guardian of his minor son and allied reliefs. Petitioner also filed a petition seeking the Court to appoint her as the guardian of her minor son and to direct her husband to handover the custody of her son. Learned counsel submits that respondent/husband filed a petition seeking the Court to direct petitioner herein to undergo psychological evaluation as well as physical health assessment to assess her mental and emotional stability and fitness to take care of the child. The Family Court through the order on I.A.No.VII directed petitioner herein to undergo such - 5 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR psychological evaluation and assessment at NIMHANS Bengaluru.

Learned counsel contends that petitioner is not suffering from any psychological disorder as alleged by her husband. Learned counsel further submits that petitioner on her own accord underwent psychological evaluation at Spandana Nursing Home and got psychological assessment report which reveals that she is not suffering with any kind of personality disorder. Learned counsel further submits that petitioner is ready and willing to undergo such psychological evaluation at NIMHANS at an appropriate stage however, this is not an appropriate stage at which the Court can direct her to undergo psychological evaluation. Learned counsel also contends that petitioner filed a petition i.e., I.A.No.VIII seeking the Court to direct respondent to provide her access to all school records and to give information to her about all school events and activities of the child. Learned counsel states that I.A.No.IX is filed seeking the Court to direct - 6 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR respondent/husband to provide exclusive custody of the child to petitioner during winter and summer vacations so that she can interact and spend quality time with him. Learned counsel contends that the Court through the order dated 19.12.2025 held that after receipt of psychological evaluation and health assessment report, I.A.Nos.VIII and IX will be taken up for consideration, which is unjustifiable. Learned counsel thereby seeks to allow both the writ petitions.

A perusal of contents of the petition filed by respondent/husband seeking the Court to declare him as the guardian of the minor reveals narration of particulars with regard to the behaviour of petitioner herein. He gave details about the obsessive compulsive disorder, taking petitioner therapy, opinion expressed by one Dr.Sudarshan, breaking of several statues etc., words uttered to hang herself and to take the child to see that. Those allegations may not be true as contended by petitioner herein. It may also be true that respondent has - 7 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR laid those allegations only to prevent petitioner from custody of the child. However, the solemn duty of the Court is to see the paramount welfare of the child. Petitioner herein has claimed the custody of the child and an order to declare her to be the guardian of the child. The contention of learned counsel for the petitioner is that petitioner voluntarily attended a nursing home, got herself evaluated. The Court now through the impugned order directed such evaluation to be done by a reputed institute namely NIMHANS Bengaluru. Admittedly, no prejudice will be caused to petitioner on undergoing such evaluation. On the other hand, in case she is perfect and sound, such evaluation report will strengthen her version and her claim for custody of the child. Therefore, this Court is of the view that the Family Court did not err in giving a direction to petitioner herein to undergo psychological evaluation at NIMHANS, Bengaluru.

Coming to other two interlocutory applications filed which are subject matter of W.P.No.1831/2026, as - 8 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR earlier indicated, IA No.VIII is filed seeking the Court to direct respondent to provide petitioner access to all school records, all school events and activities pertaining to the child. IA No.IX is filed seeking custody of the child during winter and summer vacation. Learned counsel for the petitioner contends that the Court through the impugned order i.e., order dated 19.12.2025 held that those interlocutory applications will be taken up for consideration after receipt of psychological evaluation report. But there is no requirement of such report for disposal of said interlocutory applications and therefore, a direction may be issued to the Family Court to dispose of those interlocutory applications immediately. So far as request to provide access to school records and the events are concerned, this Court is of the view that psychological evaluation report from NIMHANS is not required for deciding the said interlocutory application i.e., IA No.VIII. So far as IA No.IX filed for custody of the child during vacation is concerned, this Court is of the view that the - 9 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR said application can only be decided on receipt of psychological evaluation report.

Learned counsel for the petitioner expressed grievance with regard to the observations made by the Family Court at paragraph No.11 of the impugned order. Learned counsel states that the Court observed that petitioner/respondent's mental illness significantly impairs her ability to take care of the child which statement itself goes to show that the Family Court came to a conclusion with regard to the merits of the matter. Though this Court does not find any concrete finding given by the Court to that effect however, having considered the apprehension of learned counsel for the petitioner, this Court considers desirable to direct the Family Court not to take into consideration any of its observations made at paragraph No.11 of the impugned order i.e., order dated 19.12.2025 and to dispose of both the cases on merits basing on the evidence produced. - 10 - NC: 2026:KHC:6062 WP No. 1399 of 2026 C/W WP No. 1831 of 2026 HC-KAR