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2025 Supreme(Online)(Kar) 41432

THE HIGH COURT OF KARNATAKA
SMT. LALITHA KANNEGANTI, J
MS ALIA ISMAIL MEMON – Appellant
Versus
MOHAMMED ZAID HAROON – Respondent


Advocates:
For the Appellants/Petitioners: S.P.S. Khadri
For the Respondents: Anuparna Bordoloi

Table of Content
1. custody history between parents. (Para 3)
2. mother's claim of custody management. (Para 4)
3. family court's observations on custody. (Para 5 , 6)
4. court's decision prioritizing children's welfare. (Para 7 , 8 , 14)
5. court's emphasis on parental cooperation. (Para 9 , 10 , 12 , 13)
6. mother's absence raises custody concerns. (Para 11)

ORAL ORDER

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

4. The father had filed I.A.No.2 under Section 12 of the GUARDIANS AND WARDS ACT , 1890 read with Section 151 of CPC for interim custody of two children. After service of notice of the petition, the mother appeared before the Family Court. She had filed her objections stating that on 08.11.2024, the mother accompanied by the minor children arrived in India for attending personal matters and upon her arrival, she experienced sudden and sever asthma attack which necessitated her immediate hospitalization. As the mother was still sick, she informed the father to take care of the minor children until she recovers. On 10.11.2024, her health was severely deteriorated due to breathing difficulty caused by asthma and for seeking urgent medical help,

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