SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Kar) 24146

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K. Manmadha Rao, J
Shruti Sood – Appellant
Versus
Sarita Banerji – Respondent
WRIT PETITION NO.5971 OF 2026|WRIT PETITION NO.4443 OF 2026



Advocates:
For the Appellants/Petitioners: Anant Mandgi, Amit A Mandgi
For the Respondents: Santosh S. Gogi

An interlocutory order in guardianship proceedings cannot completely deny a natural mother access to her minor child unless prima facie unfitness or imminent risk is demonstrated, as such exclusion is detrimental to the child's developmental welfare and risks parental alienation.

Headnote:(A) Guardian and Wards Act, 1890 - Sections 7, 10, 12, 17 and 25 - Hindu Minority and Guardianship Act, 1956 - Section 6 and 13 - Custody of minor child - Interim injunction - Mother (natural guardian) excluded from access by Family Court pending guardianship proceedings - Held, mother should not be entirely excluded unless unfitness is prima facie established or real risk exists - Blanket denial of access is detrimental to child’s welfare - Family Court order set aside (Paras 27, 28, 29).

(B) Appellate Jurisdiction - Writ jurisdiction under Article 227 - Maintainability - When an interlocutory order creates serious civil consequences affecting the rights of a natural guardian, High Court can exercise supervisory jurisdiction to correct legal errors in the exercise of discretion (Para 35).

Facts of the case:
Petitioner is the natural mother of a minor daughter whose father deceased in 2025. Following the father's death, paternal grandmother and aunt filed for guardianship. The Family Court granted an injunction restraining the mother from accessing the child, citing the child's academic schedule and need for stability, and refused to vacate this injunction, effectively denying the mother visitation rights for a significant duration.

Findings of Court:
The court held that the Family Court’s reliance on the child's interview at the interlocutory stage was premature and that an order causing complete parental exclusion must be supported by compelling proof of unfitness or danger. The court found the blanket denial of visitation unjustified and set aside the injunction.

Issues: Whether the Family Court was right in granting a temporary injunction that completely excluded the natural mother from accessing her minor child during the pendency of guardianship proceedings.

Ratio Decidendi: A natural guardian cannot be completely excluded from access to a child at the interlocutory stage unless there is prima facie evidence of unfitness or threat. Welfare of the child is paramount, and alienation from the natural parent is inherently contrary to that welfare.

Result: Petitions allowed; impugned injunction order set aside.

Table of Content
1. overview of facts and proceedings concerning guardianship and custody disputes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
2. arguments regarding mother's natural guardianship rights versus grandmother's custody plea. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
3. judicial standard: no complete exclusion of natural parent in interim injunctions without compelling evidence. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35)
4. final order setting aside the interim restraint on maternal access. (Para 36)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12/01/2026 PASSED BY THE LEARNED V ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI IN PROCEEDINGS BEARING G AND WC NO. 15010 OF 2025 WHICH HAD DISMISSAL IA NO. V FILED BY THE PETITIONER HEREIN (ANNX-A) AND CONSEQUENTLY, TO ALLOW IA NO. V FILED BY THE PETITIONER HEREIN.

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE COMMON ORDER DATED 12.01.2026 PASSED BY THE LEARNED V ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI IN PROCEEDINGS BEARING G AND W.C. NO. 15010 OF 2025 WHICH HAD ALLOWED I.A. NO. III FILED BY THE RESPONDENTS.

THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 27.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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

CAV ORDER

The W.P.No.5971/2026 is filed challenging the order dated 12.01.2026 passed by the learned V Additional District Judge, Bengaluru Rural District, sitting at Devanahalli (‘the Family Court’ for short), in G & W.C.No.15010/2025, whereby I.A.No.5 filed by the petitioner came to be dismissed, seeking issuance of a writ of certiorari to quash the said order and consequently to allow I.A.No.5.

The W.P.No.4443/2026 is filed to issue writ of certiorari and quash the impugned order dated 12.01.2026 passed by the learned V Additional District Judge, Bengaluru Rural District, sitting at Devanahalli (‘the Family Court’ for short), in G & W.C.No.15010/2025, whereby I.A.No.III filed by the respondents herein came to be allowed.

2. The petitioner herein/mother is the respondent before the family Court and the respondents herein are the petitioners before the Family Court.

3. The petitioner herein is the mother of the minor child and the respondent No.1 herein is the grand mother and respondent No.2 is the Aunt of the minor child.

4. For convenience of reference, the parties herein are referred to as per their rankings before this Court.

5. The brief facts of the case are that:-

The petitioner is the wife of late Mr. Amit Mono Banerji. Their marriage was solemnized on 29.03.2009 at Mumbai as per Hindu rites and customs and was registered on 03.07.2010 under the Hindu Marriage Act, 1955. Out of the wedlock, a daughter, namely Ms. Riya Banerji, was born on 20.06.2012. The petitioner asserts that she is the natural guardian of the minor child under Section 6 of the Hindu Minority and Guardianship Act, 1956. The respondent No.1 is the mother of the deceased and respondent No.2 is the sister of the deceased.

6. After the marriage, the petitioner and her husband commenced their matrimonial life at rented premises at Meenakshi Residency, Arekere, Bengaluru, and thereafter resided at various rented accommodations in Bengaluru. At the time of marriage, the deceased was employed as a Senior Corporate Executive with Accenture (India), Bengaluru. In October 2011, respondent No.1 shifted from Delhi to Bengaluru and, according to the petitioner, continuously interfered in the marital life of the couple, even after the birth of the minor child in June 2012.

7. It is stated that the deceased ventured into business from the year 2014 by co-founding Aperon Realty Private Limited with one Mr. Vikas Katoch, and in 2015 started Purpleyo Technologies Private Limited with one Mr. Karan Chopra. Both ventures failed. I

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top