This High Court of Karnataka disposed of a writ petition filed to quash an interim custody order. The Court held that since the underlying proceedings had already been disposed of, the writ petition became infructuous.
Writ petition disposed of as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14th DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.28950 OF 2015 (GM-FC)
BETWEEN:
SRI B. GANESH, S/O DR. G. K. BASAVARAJAN, AGED ABOUT 38 YEARS, RESIDING AT "ASHIWADA" OPP. CHURCH, DEVARAJ URS ROAD SARASWATHIPURAM, TUMKUR.
…PETITIONER
(BY SRI. L.HARISH KUMAR, ADVOCATE)
AND:
AGED ABOUT 51 YEARS
BOTH R/AT BULLAHALLI VILLAGE VIJAYAPURA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 3.7.2015J PASSED BY THE HON'BLE COURT OF VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, OF ALLOWING THE APPLICATION I.A.NO.2 FILED
2
UNDER SEC. 12 OF THE GUARDIANS & WARDS ACT R/W SEC.152 OF CPC, FOR THE INTERIM CUSTODY OF THE CHILDREN FILED BY THE RESPONDENTS HEREIN, IN G & WC NO.208/2014 (AT ANNX-E) AND CONSEQUENTLY TO DISMISS THE SAID APPLICATION AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The G & WC No. 208/2014 proceedings from which the impugned order arose itself having been disposed off by the Court below, the prayer sought in petition has become infructuous, contends learned counsel for the respondent. There is none to dispute this.
In view of the above, writ petition is disposed off as having become infructuous.
Sd/JUDGE
DS
3 issues framed by the court
Whether the writ petition filed to quash an interim custody order is maintainable in view of disposal of the underlying proceedings.
Whether to dismiss the writ petition because the impugned order has become infructuous due to disposal of the underlying cause.
Whether to dispose of the writ petition as infructuous without further adjudication on custody.
4 provisions across 3 enactments
Sri B. Ganesh
Sri. P. Anjinappa
Smt. Sujatha
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
