THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 02.05.2026 PASSED ON I.A.NO. 17 IN G AND WC NO. 438/2024 ANNEX-A BY THE LEARNED IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Ranganath Reddy.R learned counsel for the petitioner as well as Sri.Nagesh who represents Ms.Dhanalakshmi.Y learned counsel on record for the respondent.

2. This writ petition is filed seeking the Court to issue a writ of certiorari or any other appropriate writ and to quash the order that is passed by the Court of IV Additional Principal Judge, Family Court, Bangalore on I.A. No.XVII in G & WC No.438/2024 dated 02.05.2026 and consequently to allow the said interlocutory application.

3. Petitioner herein filed I.A No.XVII invoking Section 12 of the Guardians and Wards Act, seeking a direction to the respondent to hand over the interim custody of the minor child Kumari Srimayi Prithvi Sunku to him on every Sunday and Monday from 10.00 a.m. to 05.00 p.m., during the months of April 2026 and May 2026 that is during the summer vacation of the child. Family Court dismissed the said interlocutory application and aggrieved by the same, petitioner approached this Court.

4. On 12.05.2026 this Court passed orders on I.A No.1/2026. The operative portion of the order reads as under:-

"Under the following interim arrangement, the petitioner shall be entitled to visitation rights during 10.00 a.m. to 05.00 p.m. on following dates:

16.05.2026, 17.05.2026, 23.05.2026, 24.05.2026. 30.05.2026 and 31.05.2026.

The petitioner, who is residing in V.V. Puram, at the address shown in the cause title, shall pick up the minor child from the residence of the respondent, who is residing at Malleshwaram at 10.00 a.m., every Saturday and Sunday on the aforesaid dates and shall drop the child back at the residence of the respondent at 5.00 p.m., as stated supra.

The petitioner shall take good and proper care of the child and shall ensure that no harm, inconvenience or hardship is caused to the minor child during the period of visitation.

List the petition after Summer Vacation. Meanwhile, the parties are directed to appear before the Karnataka Mediation Center, Bengaluru on 06.06.2026.

Hand delivery of this order is permitted".

5. On this day, learned counsel who represents the respondent submits that as directed by this Court, interim custody of the child was given to the petitioner on 16.05.2026 and 17.05.2026. However, basing on the difficulty expressed by the child after such interim custody by the petitioner, a complaint was given to the police against the petitioner/father and others under the Provisions of Protection of Children from Sexual Offences Act, 2012 and a case was registered by police basing on the said complaint. Learned counsel states that respondent therefore filed I.A No.2/2026 for modification of the order dated 12.05.2026. Learned counsel states that in fact the writ petition itself has become infructuous.

6. Learned counsel for the petitioner endorses the submission of learned counsel for the respondent that the writ petition has become infructuous. However, learned counsel states that mediation process is pending and hence same may be taken into consideration though the writ petition has become infructuous.

7. In reply to the said submission, learned counsel who represents the respondent states that in the light of registration of criminal case against the petitioner basing on the complaint given, there is no question of amicable settlement of issues between the parties.

8. On hearing the submission made by both the learned counsel and perceiving the fact that the writ petition itself has become infructuous, this Court is of the view that writ petition is liable to be dismissed. So far as mediation is concerned, in case both the parties are willing to res