IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.31020 OF 2025 (GM-FC)

BETWEEN:

SMT. R. ARCHANA, W/O VIJAYA KUMAR, D/O RAMAPPA, AGED ABOUT 28 YEARS, R/O ARALAKUNTE VILLAGE, YELDUR HOBLI, SRINIVASPURA-TQ, NOW AT FLAT NO-14, SRIRAM BRUNDAVANA, VENKATESWARA LAYOUT Digitally signed by AASEEFA BEHIND RUPESH HOTEL, PARVEEN Location: HIGH BOMMASANDRA JIGANI LINK ROAD, COURT OF KARNATAKA BOMMASANDRA INDUSTRIAL AREA, BENGALURU-560099.

…PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE)

AND:

M G VIJAYA KUMAR, S/O YELEGOWDA, AGED ABOUT 34 YAERS, R/O MATNAHALLI VILLAGE, SUGUTUR HOBLI-563101, KOLAR-TQ AND DISTRICT, …RESPONDENT (BY SRI. RAHUL S. REDDY, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 07.08.2025 PASSED BY THE LEARNED PRL. JUDGE FAMILY COURT AT KOLAR, IN G AND W.C NO.1/2025 ON IA NO.4/2025 PRODUCED ANNEXURE-E TO THE WRIT PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Halli Shantappa Basappa, learned counsel for petitioner as well as Sri.Rahul S. Reddy, learned counsel for respondent.

2. Seeking the Court to quash the order that is rendered by the Court of Principal Judge, Family Court, Kolar, on I.A.No.IV in G&WC No.1/2025 dated 07.08.2025 this writ petition is filed.

3. Respondent herein filed a petition seeking interim custody of the child by name Master Charvi Gowda V. to celebrate Varamahalakshmi festival scheduled on 08.08.2025 and also on every Friday from 10.00 a.m. to

05.00 p.m., pending disposal of the main petition.

4. The Family Court through the impugned order granted liberty to the respondent/father to visit the house of petitioner/wife and to spend time with the child and to give any presentation if he wish. Petitioner/wife was directed to treat respondent/husband with all respect and dignity during his visit and to hand over the custody of the child between 10.00 a.m. and 2.00 p.m. Petitioner/wife was also directed to bring the child on all dates of hearing to the Court and hand over the custody of the child to the respondent/husband between 12.00 p.m. and 2.00 p.m.

5. Learned counsel for the petitioner states that the girl is aged around three years six months as of now. As per the provisions of Guardians and Wards Act, the custody of the child should be with the mother and therefore respondent/father should not ask for either final custody or interim custody, whatever it may be, but the Court granted custody of the child which is improper. Learned counsel also states that during the visit of respondent/ father to the house of the petitioner/mother, he created all kind of galata and nuisance, due to which petitioner/wife gave complaint to police.

6. On the other hand, land counsel for respondent submits that respondent/father is willing to visit the child at any place as directed by the petitioner/wife.

7. So far as liberty given to the respondent to visit petitioner's house is concerned, this Court is of the view that as both the parties are under longer heads, for their interest and for the best interest of the child, the impugned order is required to be set aside to that extent. However, so far as handing over the child by the petitioner to the respondent on the dates of hearing his concerned, this Court is of the view that even father is required to develop bondage with the child and thus visitation between 12.00 p.m. and 2.00 p.m. that too in the Court premises will not in any way cause harm to either the petitioner or to the minor child. Therefore, this Court considers desirable to dispose of the writ petition accordingly.

8. The petition is disposed of with the following

ORDER

i) Liberty granted to the respondent/father to visit the house of petitioner/mother through the impugned order is set aside.

ii