Writ Petition No. 36356 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:20599 WP No. 36356 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36356 OF 2024 (GM-FC) BETWEEN: ADITYA K. TALERA S/O. KAMLESH P TALERA, AGED ABOUT 30 YEARS, R/AT FLAT NO.1 B, KINGS HOUSE, NO.04/07, MILLERS ROAD, BANGALORE - 560 052
Legal Reasoning
(BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND: PRACHI ADITYA TALERA W/O. ADITYA K. TALERA, AGED ABOUT 27 YEARS, R/AT. NO.141, DEVEGOWDA LAYOUT, 24 ADUGODI ROAD, A.K.COLONY, ADUGODI, BANGALORE – 560 303 …PETITIONER …RESPONDENT THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 29.10.2024 PASSED IN 1.A. NO.6 IN G AND WC. NO. 80/2024 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, IN SO FAR AS IT DOES NOT PERMIT THE PETITIONER TO HAVE INTERIM CUSTODY OF HIS DAUGHTER EVERY WEEKEND FROM 12.15 PM ON FRIDAY UNTIL 5 PM ON SUNDAY AND INTERIM CUSTODY FOR THE FIRST HALF DURING ALL SCHOOL VACATIONS, PETITIONERS, PETITIONES PARENTS AND AAVIKAS BIRTHDAY. (ANNEXURE M). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20599 WP No. 36356 of 2024 HC-KAR ORAL ORDER The present petition is filed by the petitioner/father aggrieved by the order passed in I.A.No.6 in G&WC.No.80/2024 dated 29.10.2024 by the III Additional Principal Judge, Family Court, Bengaluru. The order of the Family Court reads thus: "ORDER The IA No.6 filed by the petitioner u/sec. 12 of the Guardians and Wards Act 1890 r/w Sec. 151 of CPC is here by partly allowed. The petitioner is permitted to pick the child Ms.Aavika Aditya Talera from the school after the school hours and to have the custody of the child till 4.00 p.m. on all school days from Monday to Thursday and to have the custody of the child after school hours to till 6.00 p.m. on every Friday and on all other days, if the school remain closed on the next day. The petitioner is permitted to have the custody of the child Ms.Aavika Aditya Talera during festivals between 10.00 a.m. to 2.00 p.m and the petitioner is permitted to have the custody of the child Ms.Aavika Aditya Talera during school vacation period from 10.00 a.m. to 4.00 p.m. during 50% of the school vacation period. The petitioner shall pick the child Ms.Aavika Aditya Talera from the place of the residence of the child and shall drop the child to the same place after exercising visitation rights to the child, without any delay. The respondent shall accommodate the petitioner to have the custody of the child to exercise visitation rights to Ms.Aavika Aditya Talera without causing disturbance or interference in any manner, for exercising visitation right. The petitioner shall take care of the child Ms.Aavika Aditya Talera keeping constant supervision over the child and shall attend to the needs of the child considering the welfare and well being of the child with its consequences. - 3 - NC: 2025:KHC:20599 WP No. 36356 of 2024 HC-KAR The petitioner father is permitted to speak to the child over phone/video call on every Saturday and Sunday for 15 minutes between 6.30 p.m. to 6.45 p.m. Similarly the respondent/ mother is permitted to speak to the child over phone/video call, when the child is in the custody of the the petitioner, mother/respondent feels it necessary. in case if If the child intends to speak to the mother, while in the custody of the petitioner, he shall accommodate the child to speak to the mother, without any restriction. Both petitioner and respondent shall share their contact number with each other, to facilitate the child to speak to the petitioner /father and respondent/mother. The petitioner / father shall take care of the child as responsible father and shall not expose the child to any dangerous or hazardous atmosphere. In case of any ill health/ hurt, the petitioner /father shall provide necessary medical aid to the child immediately as and when it becomes necessary and shall inform the same to the respondent/mother. The petitioner/father shall attend to the needs of the child considering the likes-dislikes, comforts, well being and health of the child. The father/petitioner or his family members shall not speak ill about the Respondent/mother while having interim custody of the child. The petitioner /father shall drop the child to the place of residence of the child, if the child feels uncomfort to stay with him or his family members without insisting the child to stay with him and his family members till the completion of the stipulated visiting hours. Both petitioner and respondent shall extend their cooperation towards each other and shall accommodate the child to have peaceful, homely and congenial atmosphere. To report compliance by 30-11-2024." 2. A series of orders are passed by the Co-ordinate Bench of this Court and also this Court i.e., on 01.02.2025, - 4 - NC: 2025:KHC:20599 WP No. 36356 of 2024 HC-KAR 06.02.2025, 12.02.2025, 27.02.2025, 25.03.2025 and 02.05.2025. As per the order passed by this Court on 02.05.2025, the visitation schedule is fixed till 14.07.2025. 3. Learned counsel appearing for the petitioner/husband submits that in view of the orders passed in the month of January, the father is having overnight custody apart from what has been granted by the Family Court from Saturday afternoon to Sunday afternoon. It is also submitted that they have some documents to show that the mother is not at home in the night times and also several other photographs and videographs are there to show the conduct of the mother. 4. This Court had adjourned the matter on two occasions as it is submitted that there is a likelihood of settlement. This Court had interacted with the parties. It appears that there is no likelihood of settlement and at the same time, this Court is not inclined to consider the photographs and videographs that the party wants to place before this Court without giving an opportunity to the respondent/mother. 5. Considering all these aspects, this Court is passing the following order: - 5 - NC: 2025:KHC:20599 WP No. 36356 of 2024 HC-KAR
Decision
ORDER i. Till 14.07.2025, the order that is passed by this Court dated 02.05.2025 will be in force and the parties are bound by that. ii. From 14.07.2025, as per the order passed by the Family Court, the father shall exercise the visitation rights and the order of the Family Court is modified to the extent that on every Friday, the father can pick up the child after school hours. Instead of 6:00 p.m. on Friday as ordered by the Family Court, he will be dropping the child at 6:00 p.m. on Saturday so that he will have the overnight custody and the mother can also spent quality time on Saturday as well as on Sunday. iii. The father is at liberty to file the necessary application i.e., with regard to the photographs and videographs he is referring to, within a period of one week from today and the Court after giving an opportunity to the other side shall dispose off the application within two months from the date of receipt of copy of the order. iv. With regard to the maintenance, the father shall pay the maintenance as per the order passed by this Court. The wife is at liberty to move appropriate application if she requires any further amount towards maintenance. - 6 - NC: 2025:KHC:20599 WP No. 36356 of 2024 HC-KAR v. Accordingly, the writ petition is disposed off. vi. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 5