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2025 Supreme(Online)(Kar) 40750

THE HIGH COURT OF KARNATAKA
LALITHA KANNEGANTI
SRI K HARISH KUMAR – Appellant
Versus
SMT VANATHY RAJKUMAR – Respondent
WP 17245/2024



HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17612 OF 2024 (GM-FC)

C/W WRIT PETITION NO. 17245 OF 2024 (GM-FC)

IN WP No. 17612/2024 BETWEEN:

SMT. VANATHY RAJ KUMAR W/O HARISH KUMAR AGED ABOUT 47 YEARS R/AT NO. 40, GONIKUPPA ROAD VIRAJPET -571 218 COORG, KARNATAKA …PETITIONER (BY SRI. BINDU U., ADVOCATE)

AND:

Digitally signed by MEGHA SRI. HARISH KUMAR MOHAN S/O LATE T.N.KOSALRAM Location: HIGH COURT OF AGED ABOUT 53 YEARS KARNATAKA R/AT NO. 3/8 CLEVELAND CROSS ROAD FRAZER TOWN BANGALORE -560 005 …RESPONDENT (BY SRI.P.B.RAJU, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE IMPUGNED ORDER DATED: 10.06.2024 PASSED IN MC NO. 1780/2017 ON THE FILE OF VTH ADDL. PRL. JUDGE, FAMILY COURT AT BANGALORE ON IA NO. 4 FILED UNDER SEC. 24 AND 26 OF HM ACT R/W S.19(f), 20, 23, 26 OF PWDV ACT VIDE ANNEXURE-A BY AWARDING INTERIM HC-KAR MAINTENANCE TO THE PETITIONER AND BY ENHANCING THE INTERIM MAINTENANCE TO THE MINOR DAUGHTER AND LITIGATION EXPENSE AS PRAYED FOR IN THE APPLICATION BEFORE HONBLE TRIAL COURT.

IN WP NO. 17245/2024 BETWEEN:

SRI K.HARISH KUMAR S/O LATE SRI T.N.KOSALARM AGED ABOUT 52 YEARS R/AT NO 152/2-2, WHEELER ROAD FRAZER TOWN BENGALURU -560 005 ...PETITIONER (BY SMT.BINDU U., ADVOCATE)

AND:

SMT. VANATHY RAJKUMAR AGED ABOUT 47 YEARS W/O SRI K.HARISH KUMAR D/O RAJKUMAR R/AT NO. 40, GONIKUPPA RASTHI BALAPHAC, BLOCK 2, VIRAJPET KODAGU -571 218 ALSO AT SRI MANJUNATHA MOTOR SERVICES PANJARPET, VIRAJPET KODAGU- 571 218 ALSO AT NO.T3, 3RD FLOOR CANTERBURY APARTMENTS NORRIS ROAD, LANGFORD TOWN BENGALURU -560 025 ...RESPONDENT (BY SRI.P.B.RAJU, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN MC NO. 1780/2017 ON THE FILE OF THE V ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU.

HC-KAR 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

ORAL ORDER

Aggrieved by the order passed in I.A.No.4 in M.C.No.1780/2017 dated 10.06.2024 by V Additional Principal Judge, Family Court, Bengaluru, both the husband and wife are before this Court. The mother had filed W.P No.17612/2024 and the father has filed W.P.No.17245/2024.

2. Both the parties are referred as father and mother for the sake of convenience.

3. The Family Court had granted interim monthly maintenance of an amount of Rs.25,000/- to the daughter from 02.01.2018 till the disposal of the petition and the father is directed to pay an amount of Rs.35,000/- as one-time expenses as the litigation expenses. When the matters came up before this Court, considering the submission of the mother that no maintenance is paid and the submission of the father that had no opportunity to see the child till now, this Court balancing the interests of both the parties has passed an order on 07.08.2024 which reads as follows:

HC-KAR Aggrieved by the maintenance granted by the Family Court, both the wife and the husband are before this Court. This Court, had granted stay of all further proceedings in the writ petition filed by the husband.

Today, when the matter came up before the Court, it is submitted that, in fact, the father is interested to take care of the child right from 2017, but never had an opportunity to meet the child.

Learned counsel appearing for the respondent/wife submits that the mother has no objection if the father wants to meet the child. It is submitted that since the child is meeting her father after a along time, the meeting time may be restricted to two hours and that the petitioner can come to Coorg and meet the child as it is difficult for the respondent/wife to bring the child to Bengaluru.

Though these proceedings are arising out of the maintenance case, but still, considering the nature of dispute between the parties and the fact that the husband has not visited the c

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