##PAGE1##

- 1 -

WP No. 35911 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO

WRIT PETITION NO.35911 OF 2025 (GM-FC)

BETWEEN:

SHRI. MAYUR NAYAK SON OF SHRI A. RAGHUPATHI NAYAK,

AGED ABOUT 45 YEARS, RESIDING AT MF 1/2,

B.D.A. FLATS, CAMBRIDGE LAYOUT, BENGALURU-560 008.

…PETITIONER (BY SMT. GEETHA DEVI M.P.,ADVOCATE)

AND:

SMT. H. APARNA PAI DAUGHTER OF SHRI H. NARASIMHA PAI, WIFE OF SHRIMAYUR NAYAK,

AGED ABOUT 43 YEARS, RESIDING AT NO.73, MIG NITYANAND,

KHB COLONY, 17^TH 'F' MAIN, 5^TH BLOCK, KORAMANGALA, BENGALURU-560 095.

…RESPONDENT (BY SMT. PRATHIMA S.K.,ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN G AND WC NO.349 OF 2022 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND TO MODIFY THE ORDER DATED 26.09.2025 ON I.A.NO.12 IN G AND WC NO.349 OF 2022 ON THE FILE OF THE V ADDITONAL PRINCIPAL JUDGE, FAMILY COURT,BENGALURU VIDE ANNEXURE-A AND GRANT OVERNIGHT ACCESS OF THE MINOR CHILD ON ALL THE HOLIDAYS DURINGS THE SCHOOL TERM ON THE DATES MENTIONED AS SOUGHT FOR IN I.A NO.12 EVERY YEAR TILL THE DISPOSAL OF THE PETITION IN GWC NO.349 OF 2022, ON THE FILE OF V ADDITIONAL

PRINCIPAL JUDGE FAMILY COURT AT BENGALURU AND ETC.

- 2 -

WP No. 35911 of 2025

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 17.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

The present writ petition is filed under Article 227 of the

Constitution of India seeking to modify the order dated 26.09.2025 passed on I.A.No.12 in G & WC No.349/2022 by the V Additional Principal Judge, Family Court, Bengaluru (‘the Family Court’ for short) and grant overnight access of the minor child on all the holidays during school term on the dates mentioned in as sought for in IA No.12 every year till the disposal of the petition in G & WC No.349/2022, on the file of

the Family Court.

2. The petitioner is the biological father of the minor

child Master Samvit Nayak, aged about 11 years. The respondent is the mother. The dispute pertains to custody and

visitation rights of the minor child.

3. The brief facts leading to the filing of the petition are

that:-

The parties were married on 28.02.2010 and out of the

wedlock, the minor child was born on 15.09.2014. It is the case

- 3 -

WP No. 35911 of 2025

of the petitioner that he has actively participated in the upbringing of the child since birth and shares a strong

emotional bond with him.

4. Due to matrimonial disputes, the respondent left

the matrimonial home along with the child on 30.07.2022. Thereafter, several proceedings came to be initiated before the Family Court. The petitioner was initially granted limited visitation, which was subsequently modified by this Court in W.P.No.14708/2024 c/w. W.P.No.4376/2024 by granting overnight custody on 1^st and 3^rd Saturdays and visitation 2^nd and 4^th Saturday between 9.00am to 7.00pm, apart from 50% custody during summer vacations, Dasara vacations and winter

vacations.

5. The petitioner thereafter filed I.A.No.12 before the

Family Court seeking overnight custody during mid-term school holidays. The Family Court, by the impugned order, allowed the application only in part by granting access for two days during

Deepavali and rejected the prayer for remaining holidays. 6. Aggrieved by the impugned order passed on IA

No.12, the petitioner has filed the present petition before this

Court.

- 4 -

WP No. 35911 of 2025

7. The learned counsel for the petitioner would

contend that the Family Court has failed to assign any reasons for denying access during the remaining school holidays and that such denial is contrary to the welfare of the child. It is further contended that the child shares a strong bond with the

petitioner and is desirous of spending time with him.

8. Per contra, learned counsel for the respondent

seeks to justify the impugned order