Writ Petition No. 10950 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17556 WP No. 10950 of 2025 C/W WP No. 12768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10950 OF 2025 (GM-FC) WRIT PETITION NO. 12768 OF 2025 (GM-FC) C/W IN WP No. 10950/2025 BETWEEN:
Legal Reasoning
SRI. PRITHVI SUNKU S/O KIRAN SUNKU, AGED ABOUT 33 YEARS, OFICE AT NO.121, 5TH MAIN ROAD, CHAMARAJPET, BENGALURU - 560 018. (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: SMT. SUKRUTHA PRITHVI W/O PRITHVI SUNKU, AGED ABOUT 32 YEARS R/AT NO. 61/62, EAST PARK ROAD, 15TH CROSS, NEAR MLA COLLEGE MALESHWARAM, BENGALURU - 560 003. …PETITIONER (BY SMT. S. SUSHELLA, SENIOR COUNSEL ALONG WITH SRI. NAGESH VINAY S., ADVOCATE) …RESPONDENT THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA II DATED:3/3/2025 PASSED BY THE IV ADDL FAMILY COURT JUDGE AT BANGALORE IN G AND WC NO.438/2024 VIDE ANNEXURE- A. DIRECTION TO THE LOWER COURT TO GRANT VISITING RIGHTS TO PETITIONER/FATHER OF THE MINOR CHILD KUM. SRIMAYI PRITHVI SUNKU BORN ON 14/11/2022 AND GRANT INTERIM CUSTODY OF THE MINOR CHILD ON EVERY 1ST SATURDAY, 1ST SUNDAY AND ON 3RD SATURDAY AND 3RD SUNDAY FROM 10 AM TO Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17556 WP No. 10950 of 2025 C/W WP No. 12768 of 2025 6 P.M TO THE PETITIONER OUTSIDE THE COURT PREMISES BY MODIFYING THE ORDER DATED:3/3/2025 ON IA NO.II PASSED BY IV ADDL FAMILY JUDGE AT BANGALORE IN G AND W.C NO.438/2024. IN WP NO. 12768/2025 BETWEEN: SMT. SUKRUTHA P B W/O. PRITHVI SUNKU, AGED ABOUT 32 YEARS, R/AT. NO.61/62, EAST PARK ROAD, 15TH CROSS, NEAR MLA COLLEGE, MALLESWARAM, BENGALURU - 560 003. (BY SMT. SUSHEELA S., SENIOR COUNSEL ALONG WITH SRI. NAGESH VINAY S., ADVOCATE) ...PETITIONER AND: SRI. PRITHVI SUNKU S/O. KIRAN SUNKU, AGED ABOUT 33 YEARS OFFICE AT NO.121 CHAMRAJPET, BENGALURU - 560 018. (BY SRI. RANGANATH REDDY R., ADVOCATE) ...RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE-A ORDER DT-03.03.2025 PASSED BY THE HON'BLE IV ADDL. PRL. JUDGE, FAMILY COURT AT BANGALORE IN G AND W.C.NO.438- 2024 GRANT AN INTERIM ORDER TO PRAYS THIS HON'BLE COURT BE PLEASED TO KINDLY PASS AN INTERIM ORDER, STAYING ENFORCEMENT. EXTECUTION OF THE ORDER DT-03.03.2025 PASSED BY THE HON'BLE IV ADDL. PRL. JUDGE FAMILY COURT AT BANGALORE IN G AND W C NO.438-2024 AS PER ANNEXURE-A. OPERATION, EFFECT, THE THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - NC: 2025:KHC:17556 WP No. 10950 of 2025 C/W WP No. 12768 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in G & WC. No.438/2024 dated 03.03.2025 by the IV Addl. Principal Judge, Family Court, Bengaluru, both the mother and the father are before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The order of the Family Court is as follows: “I.A.No.II filed u/sec.12 of G & W Act by the applicant/petitioner is hereby allowed in part. Petitioner is entitled for visitation right of the minor child on every 1st Saturday and 3rd Saturday of the month from 11.00 am., to 1.00 pm., in the child’s visitation room, BMC., Bengaluru. Petitioner is also entitled for visitation right of the minor child on 2nd Sunday of January, April, July September and November of every year in his grand parents’ house from 11.00 am., to 1.00 pm., till final disposal of the case. Respondent is directed to cooperate and facilitate the petitioner in exercising visitation right. Petitioner is also directed to take all safety measures with regard to the child during visitation period. - 4 - NC: 2025:KHC:17556 WP No. 10950 of 2025 C/W WP No. 12768 of 2025 Both parties are directed to maintain peace and harmony at the time of exercising the visitation right of the petitioner. Respondent shall carry and give the minor child the essential food and eatables required by the child during visitation time.
Decision
No order as to costs.” 4. Learned Senior Counsel appearing for the mother submits that firstly, in view of the differences between the parties, the second part of the order with regard to the visitation at the grandparents’ house of the father is not possible and it is difficult for the mother to take the child to their place. Secondly, it is submitted that as far as the visitation in the Mediation Centre is concerned, there is no difficulty, but everybody shall not have access to the said room and as the mother and child are not comfortable with the same. 5. Learned counsel appearing for the father submits that as submitted by the Learned Senior Counsel there is no interference and they also undertake not to interfere. It is further submitted that the father, his sister and his parents all of them have love and affection towards the child and they also - 5 - NC: 2025:KHC:17556 WP No. 10950 of 2025 C/W WP No. 12768 of 2025 want to see the child and they may be permitted to see the child. 6. Considering the submissions of the learned counsels for both the parties and in the light of the order passed by the Family Court, this Court deems it appropriate to dispose of these petitions. Accordingly, the order of the Family Court is modified as follows: ORDER i. The father can exercise the visitation rights in the Child Visitation Room in Bangalore Mediation Centre, Bangalore on 1st, 2nd and 3rd Saturdays of the month from 11.00 am. to 2.00 pm. ii. During the said time except the mother, father and the child no other person shall be present in the visitation room either from the side of the mother or from the side of the father. iii. Both the mother and the father shall create a congenial atmosphere for the child to develop the bonding with the father and absolutely there shall not be any altercation/interaction between the mother and the father which unnecessarily creates an unpleasant situation during the visitation. - 6 - NC: 2025:KHC:17556 WP No. 10950 of 2025 C/W WP No. 12768 of 2025 iv. The grandparents along with the paternal aunt can visit the child on any one Saturday from 1st, 2nd and 3rd Saturdays of the month. Whenever they are coming it should be informed in advance to the learned counsel for the mother and in that visitation also, the parties shall not enter into any kind of altercation with each other and any disobedience or untoward incident because of the behavior of the parties would be viewed very seriously by the Court and all the parties shall ensure that the visitation goes on peacefully. v. Apart from the parties, even the advocates shall not be present during the visitation. vi. The father and other family members can take the photographs with the child. Any photograph where the mother is also present shall not be posted in the social media. vii. Accordingly, the writ petitions are disposed of. viii. All I.As., in the writ petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 25 CT:SK