IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 35037 OF 2024 (GM-FC)

BETWEEN:

1. SMT. SUREKHA K., W/O B.M.GOVINDEGOWDA, AGED ABOUT 37 YEARS, RESIDING AT BHATRAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK-563 101

2. KUMARI.ESHA G GOWDA, D/O B.M.GOVINDE GOWDA, AGED ABOUT 7 YEARS, BEING MINOR REPRESENTED BY THE MOTHER AS NATURAL GUARDIAN RESIDING AT BHATRAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK-563 101 …PETITIONERS (BY SRI. SURESH BABU B.N., ADVOCATE)

Digitally signed by MEGHA MOHAN AND:

Location: HI GH COURT OF SRI.B.M.GOVINDA GOWDA KARNATAKA S/O LATE MUNI NANJAPPA, AGED ABOUT 42 YEARS, RESIDING AT BANDURU KRISHNAPURA VILLAGE, KEMOBI POST, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563 101 …RESPONDENT (BY SRI.GANESH G.G., ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 05.12.2024 PASSED IN G AND WC NO. 9/2022 PASSED BY THE PRINCIPAL FAMILY JUDGE AT KOLAR ON I.A NO. IX WHICH IS PRODUCED AND MARKED AS ANNEXURE-A BY DISMISSING THE IA NO. IX.

THIS PETITION, 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 on I.A.No.9 in G &

WC.No.9/2022 dated 05.12.2024 by the Principal Judge, Family Court, Kolar, whereby the Family Court had directed the mother to keep present the child on every Saturday at 11 a.m. except on general holidays before the Family Court and the father is permitted to take the child to his interim custody from 11:00 a.m. to 4:00 p.m. and to produce the child before the Family Court at 4:00 p.m. to 4:30 p.m. and handover the child to the mother, the mother is before this Court seeking quashing of the order.

2. Both the parties are referred to as husband and wife for the sake of convenience.

3. Learned counsel appearing for the petitioner/mother submits that earlier this Court had passed an order dated 30.12.2024 and as per that order the visitation shall continue.

It is submitted that the father shall develop the attachment, acquaintance with the child and straight away such an order cannot be passed.

4. Learned counsel appearing for the respondent/father submits that even the interim order that is passed by this Court dated 30.12.2024 passed a year ago, it is submitted that the mother has failed to comply with the same. It is further submitted that the Family Court considering the application filed by the father had rightly passed an order and there are no grounds to interfere.

5. Having heard the learned counsels on either side, perused the entire material on record. Earlier in WP.No.19210/2024 dated 07.08.2024 this court had passed an order whereby the father was permitted to have visitation on 1^st and 3^rd Saturday from 01.00 p.m. to 05.00 p.m. at Mediation Centre of the Family Court, Bangalore, but this order is passed a year ago. The family court at first instance has passed an order where the visitation is before the court granting interim custody of the child from 11.00 a.m to 4.00 p.m on every Saturday except on general holidays. Then the Court had passed an order where the interim custody is given to the father. The submission of the learned counsel for the mother that it has to be taken slowly, this court is not able to appreciate. The Family Court had rightly passed an order earlier and once the father started exercising it, now this order is passed. This court do not find any other reasons to interfere with this order.

6. In the light of the above discussion, this court is passing the following:

ORDER i. As the G & WC is filed in the year 2022, the Family Court shall expeditiously dispose of this matter with the outer limit of 4 months.

ii. Accordingly, the WP is disposed off. The family court shall not grant unnecessary adjournments.

iii. All pending I.As., in the writ petition shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE TS,List No