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NC: 2026:KHC:24701

WP No. 14848 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MAY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 14848 OF 2026 (GM-FC)

BETWEEN:

1. MR RAKESH CHRISTOPHER

PREVIOUSLY KNIWN AS RAKESH RAJAN D

AGED ABOUT 38 YEARS

S/O LATE N. DASS

AS PER VOTER ID RESIDING AT,

"OM" NO.121, 2B FLOOR,

3^RD A CROSS, EAST OF NGEF

KASTURINAGAR, BANASWADI

BENGALURU NORTH - 560043

Digitally signed

by CHANDANA AS PER GAS BILL PRESENTLY

B M

Location: H igh

RESIDING AT "SKS INFINITY"

Court of

Karnataka NO.122, 4^TH FLOOR,

3^RD A CROSS, EAST OF NGEF

KASTURINAGAR, BANASWADI,

BAENGALURU NORTH 560043

…PETITIONER

(BY SRI. MANUSHANKAR.R.,

SMT. BHAGYA LAKSHMI.P., ADVOCATE)

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NC: 2026:KHC:24701

WP No. 14848 of 2026

HC-KAR

AND:

1. MRS. KATHERINE CARL

PREVIOUSLY KNOWN AS

AMIDHA PRINCY FLORIDA

AND ADITHA KUMARI

AGED ABOUT 31 YEARS

D/IO MR.SUDHIR KUMAR

RESIDING AT, NO 341,

2^ND CROSS, 5^TH MAIN

NGEF LAYOUT, SADANANDA NAGAR

BANGALORE - 560 038

…RESPONDENT

(BY SRI. MOH KAMRAN KHAN., ADVOCATE FOR

CAVEAT/RESPONDENT)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

CERTIORARI AND / OR ANY OTHER APPROPRIATE WRIT

MODIFYING THE ORDER ON I.A. NO. VIII DTD. 25.04.2026

PASSED IN G AND WC NO. 260/2025 BY THE LEARNED FAMILY

COURT, BENGALURU AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:24701

WP No. 14848 of 2026

HC-KAR

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition is directed against the impugned order dated

25.04.2026 passed in G & WC 260/2025 by the I Additional

Principal Judge Family Court, Bengaluru, whereby the

application-I.A.No.VIII filed by the respondent under Section 12

read with Section 25 of the Guardians and Wards Act, 1890 was

partly allowed by the Family Court.

2. Heard learned counsel for the petitioner and learned

counsel for the respondent and perused the material on record.

3. A perusal of the material on record will indicate that

the petitioner and the respondent are divorced parents of the

minor child Kenneth Carl, aged about 6 years, who is presently

in the primary custody of the petitioner-father, who instituted

the aforesaid proceedings before the Family Court. In the said

proceedings, the respondent-mother filed the instant

application-I.A.No.VIII, which was allowed by the Family Court

vide impugned order as hereunder:

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NC: 2026:KHC:24701

WP No. 14848 of 2026

HC-KAR

"ORDERS ON I.A.VIII

I.A.No.VIII is filed by the respondent under

Section 12 read with Section 25 of Guardians and

Wards Act, seeking interim visitation rights in respect

of the minor child Kenneth Carl, aged about 6 years.

Objection is filed to the said application.

2. In the application the respondent contend

that, initially custody of the minor child was with the

respondent. However, the petitioner while exercising

his visitation rights forcibly retained the custody of

the minor child and failed to handover custody to the

respondent. The petitioner has refused to allow the

respondent to communicate with the minor child.

Hence, prays for visitation rights on every weekends

and to have custody of the minor child for a period of

15 days in the coming summer vacation and prays

for necessary orders.

3. In the objection apart from usual denial of

the averments mentioned in the application the

petitioner contend that, it was the respondent who

has handed over the child to the petitioner. The

respondent is residing in live-in relationship in a

shared accommodation. If the custody of the child is

given to the respondent it will be against the welfare

and well-being of the minor child. Further contend, if

the visitation rights is granted it has to be under

supervision environment conducted in neutral or

public place and prays for passing necessary orders.

4. The following points arise for my

determination :-

1. Whether the respondent is entitled for

the visitation rights as sought for?

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NC: 2026:KHC:24701

WP No. 148

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