THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN G AND WC NO. 25 OF 2023 ON THE FILE OF THE HONORABLE 5TH ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND TO SET ASIDE THE ORDER ON I.A.NO. 18 DTD. 19.09.2025 PASSED BY THE HONORABLE 5TH ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNX-A BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HONORABLE COURT MAY DEEM FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 10.03.2026 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 seeking to issue writ of certiorari by setting aside the order on IA No.18 dated 19.09.2025 in G&WC No.25/2023 on the file of the V Additional Principal Judge, Family Court at Bangalore (‘the Family Court’ for short).

The petitioner herein is the mother and the respondent herein is the father of the minor children.

The brief facts of the case are that:-

The petitioner and the respondent are legally wedded wife and husband. The parties were married on 26.12.2010 at Kalburgi, and the marriage was registered on 30.12.2010. The petitioner and respondent resided in the United States from January 2011 to November 2019. The respondent is alleged to have misappropriated the petitioner’s finances, purchased properties without her benefit, and subjected her and her parents to dowry demands.

Out of their wedlock, the petitioner gave birth to two children, the son Reyansh and daughter Gowri. Reyansh was diagnosed with Global Developmental Delays and required continuous therapy. According to the petitioner, she alone provided for the children’s maintenance, therapy, and education, while the respondent neglected his parental duties.

The petitioner alleges that the respondent subjected her to repeated physical and sexual abuse, including forced sexual acts against her consent, and threatened her with dire consequences if she disclosed his homosexual relationship with Shiva Prasad Kotagiri. She further contends that the respondent controlled her clothing, behaviour, and personal freedoms and assaulted her when she resisted.

The petitioner states that she was forced to go out of the matrimonial home in October 2022 and has since then the petitioner been taking care of the children independently, including their education and therapy, without any support from the respondent. Further, the respondent filed child custody and divorce proceedings in G&WC 25/2023 and M.C.No.2802/2024, seeking custody of the minor son and visitation of the daughter. She submits that interim custody granted to the respondent would expose the children to danger and emotional trauma.

According to the petitioner, on 15.12.2024, during the respondent’s interim custody, the minor daughter suffered injuries to her genitals, requiring immediate medical attention and police involvement. She claims that respondent acted suspiciously, and the incident led to registration of Crime No.763/2024 under the POCSO Act.

Based on the pleadings and the material available on record, the learned Family Court framed the issues and partly allowed I.A.No.18 filed by the petitioner u/s.12 of the Guardian and Wards Act read with 151 of the CPC and directed the respondent to handover the custody of the minor children Master Reyansh and Kumari Gowri to the petitioner during Dasara holidays from 10 am. on 27.09.2025 till 5 pm. on 01.10.2025, during Diwali from 10 am. on 20.10.2025 till 5 pm. on 22.10.2025, during Christmas holidays from 10 am. on 24.12.2025 till 5 pm. on 28.12.2025 and during their summer vacation from 10am. on 01.04.2026 till 5 pm. on 04.05.2026.

The learned counsel appearing for the petitioner/mother would contend that prior order of the co- ordinate bench of this Court in WP Nos.11643/2