Writ petition challenging family court directions regarding minor custody. Court modified a video call provision to allow access between 11 a.m. and 1 p.m. on Sundays. Petitioner waived other challenges.
Direction modified to allow video calls between 11 a.m. and 1 p.m. on Sundays.
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WP No. 20860 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20860 OF 2022 (GM-FC)
BETWEEN:
AYESHA M.E., D/O D.R.MOHAMMED ELIAS SAHIB W/O DR. IMRAN KHAN AGED ABOUT 31 YEARS R/AT DOOR NO.26, 2ND STAGE HUDCO, MYSURU – 570 015.
…PETITIONER
(BY SRI.KUMARA K.G., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
S/O DR.AHMED KHAN AGED ABOUT 39 YEARS, R/AT DOOR NO.319 BUILDING NO.14, DISCOVERY GARDEN JABEL ALI DUBAI-UAE PO BOX NO.122345 REPRESENTED BY SPECIAL POWER OF ATTORNEY HOLDER DR. AHMED KHAN S/O LATE R. ISMAIL KHAN R/AT DOOR NO.8/31, SRK GARDENS JAYANAGARA EAST
WP No. 20860 of 2022
BANNERGHATTA ROAD
1ST CROSS
BENGALURU – 560 041.
…RESPONDENTS
(BY SRI.N.KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 25.08.2022 PASSED IN G AND WC NO.4/2021 PASSED BY THE FILED BY THE HONBLE PRINCIPAL JUDGE, FAMILY COURT AT MYSURU ANNEXURE-A AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 20860 of 2022
ORDER
Learned counsel for the petitioner submits that except direction No.6, the petitioner gives up the challenge to all other directions, issued by the Principal Judge, Family Court, Mysuru, on I.A.No.3 filed in G and WC No.4/2021.
“vi. The grandparents and the 1st petitioner are entitled to make video call to the minor child between 7.00 p.m. to 10 p.m. on any day and the respondent to cooperate in that regard and allow the child to have total privacy while talking with the grandparents.”
The direction No.6 is, permitting the first respondent and his parents to make a video call to the minor child between 7 p.m. to 10 p.m. on any day.
WP No. 20860 of 2022
regard to the video call from 11.00 a.m. to 1.00 p.m. on Sunday for two hours. Since the petitioner has given up all other challenges except direction No.6, the order is modified to the aforesaid extent. Accordingly, the writ petition is disposed.
Ordered accordingly.
Sd/JUDGE
NVJ List No.: 1 Sl No.: 10
2 issues framed by the court
Whether the High Court should modify the video call direction between the petitioner and the minor respondent to a specific time slot on Sunday.
Whether the petitioner should be allowed to restrict grandparent-child video calls after a modification.
AYESha M.E.
DR. IMRAN KHAN
DR. AHMED KHAN
SAIRABANU
M.Nagaprasanna
As recorded by the court registry
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