IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 25649 OF 2023 (GM-FC)

BETWEEN:

SRI. AFFAN SHAREEF

S/O. YOUSUFF SULAIMAN,

AGE ABOUT 33 YEARS,

R/AT.NO.29, SIDDARAMAPPA

GARDEN, LINGRAJPURAM,

BANGALORE-560 077.

…PETITIONER

Digitally signed

by MEGHA (BY SRI. SYED PEER ULLA SHA KHADRI, ADVOCATE)

MOHAN

Location: HIGH

COURT OF

KARNATAKA

AND:

SMT. FATHIMA FIRDOSE,

D/O. NISAR AHMED,

AGED ABUT 27 YEARS,

R/AT FLAT NO.18, ANAM ENCLAVE,

ASHWATHNAGAR, BANGALORE-560 084.

…RESPONDENT (BY SRI. S. M. HAJIRA, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 25.09.2023 PASSED BY LEARNED HONBLE 1ST ADDL PRINCIPAL JDUGE FAMILY COURT AT BENGALURU IN G AND WC.NO.271/2020 AND FURTHER TO PLEASED TO DISMISS THE INTERIM APPLICATION FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT UNDER SECTION 12 OF THE GUARDIAN AND WARDS ACT SEEKING CUSTODY OF MINOR SON BORN ON 04.01.2018 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PART HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed aggrieved by the order passed in I.A.No.2 in G & WC.No.271/2020 dated 25.09.2023 by the I Addl. Principal Judge, Family Court, Bengaluru, whereby the father is directed to hand over the custody of the child to the mother, failing which the mother is entitled to take the custody of the child through due process of law, the father is before this Court.

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

3. Learned counsel appearing for the petitioner/father submits that the boy is aged about 8 years. The mother has left him in the year 2019. The boy is suffering with cancer and he lost his one eye. The boy is not interested to meet the mother and sending the child to the mother is not in the interest of the child, the Family Court has failed to take all these aspects into consideration.

4. When this matter came up before this Court on

04.11.2025, this Court had passed the following order:

“i. On 15.11.2025, 22.11.2025, 29.11.2025 and

06.12.2025, the respondent/mother can exercise the visitation at Mediation Centre, Bangalore.

ii. The father alone shall take the child to the Mediation Centre and while exercising the visitation, the father shall not be present.

List this matter on 09.12.2025.”

5. Learned counsel appearing for the petitioner/father submits that as per the order passed by this Court, though the child was not interested to meet the mother, the father has made all his best efforts that the child meets the mother.

6. Learned counsel appearing for the respondent/

mother submits that an order may be passed where once in a week custody is completely given to the mother so that the boy will be able to develop bonding with the mother.

7. In response to that, learned counsel appearing for the petitioner/father submits that the boy is not at all interested as the boy has no acquaintance with the mother from the year 2019. It is further submitted that the mother is not co-operating with the trial in G and WC case and let there be a direction to the Family Court to dispose of the G and WC as expeditiously as possible.

8. Having heard the learned counsels on either side, perused the material on record. It is the admitted fact that right from the year 2019 to 2025 i.e., from the last 6 years the boy has not met the mother. The boy, as on today is aged about 8 years. The mother had left the child when the boy was 2 years old and from that time till now he is staying along with the father. In these circumstances, this Court is not inclined to grant the complete visitation/custody to the mother as sought by her. Hence, balancing the interest of both the parties and also the interest of the child, this Court is passing the following:

ORDER

i. On every Saturday between 2.00 pm. to 5.00 pm., the mother can exercise the visitation in the