JUDGMENT

1. The petitioner is before this Court calling in question order dtd. 4/11/2019 passed on I.A.No.VI in G & WC No.4 of 2019 by the I Additional Principal Judge, Family Court, D.K., Mangalore insofar as it makes payment of maintenance a condition precedent to the petitioner's visitation/interim custody of children.

2. Heard Sri Arun Govindraj, learned counsel appearing for the petitioner and Sri M.N. Nehru, learned counsel appearing for the respondent.

3. Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioner is the husband and respondent is his wife. Marriage between the two takes place on 24/11/2003 at Kollur. From and out of the wedlock the couple have two children - a son born on 11/6/2008 and a daughter born on 3/6/2009. The marriage between the two began to flounder which led to execution of a settlement agreement styled as a separation agreement between the two and their respective fathers laying certain conditions with regard to separation, custody, visitation and maintenance.

4. The respondent on the allegation that the husband has not paid maintenance in terms of separation agreeme