The High Court of Karnataka disposed of two connected writ petitions regarding child custody. Upon the filing of a signed settlement memo admitting custody to the mother, the court dismissed the petitions and directed the Family Court to proceed expeditiously.
Petitions dismissed; directive to Family Court to try and dispose pending matter expeditiously.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 19483 OF 2021 (GM-FC) C/W WRIT PETITION NO. 23522 OF 2021 (GM-FC)
IN W.P.NO.19483/2021:
BETWEEN:
BOTH PETITIONERS ARE RESIDING AT FLAT NO.505, SKANDASHREE-6, 4TH FLOOR, SLV LAYOUT, MYSORE ROAD, NAYANDAHALLI, BENGALURU-560 039.
…PETITIONERS
(BY SRI. JEEVAN KUMAR B S.,ADVOCATE)
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
AND:
SRI. NAVEEN T L, S/O LAKSHMIPATHY T K, AGED ABOUT 37 YEARS, R/AT NO.T8 1302, MYSORE ROAD, SALARPURIA DIVINITY APARTMENT, NEAR NAYANDHALLI METRO STATION, PANTHARAPALYA, NAYANDHALLI, BENGALURU-560 039. …RESPONDENT (BY SRI.VASANTHA KUMAR., ADVOCATE FOR C/R (CP 12361/21)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER ON I.A.NO.II DTD 18.10.2021 IN G AND WC NO.27/2021 VIDE ANNX-E PASSED BY THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.
IN W.P.NO.23522/2021:
BETWEEN:
SRI. NAVEEN T L, AGED ABOUT 37 YEARS, S/O LAKSHMIPATHY T K, R/AT NO.1302, T-8, SALARPURIA DIVINITY APARTMENT, NEAR NAYANDAHALLI METRO STATION, MYSORE ROAD, NAYANADAHALLI, PANTHRAPALYA, BENGALURU-39.
…PETITIONER
(BY SRI.NATARAJA BALLAL A., ADVOCATE)
AND:
ALL OF THEM RESIDING AT FLAT NO.505, SKANDASHREE-6, 4TH FLOOR, S L V LAYOUT, MYSORE ROAD, NAYANDAHALLI, BENGALURU-560 039. …RESPONDENTS (BY SMT.MANJULA DEVI R KAMADALLI., ADV., FOR R1-R3)
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.10.2021 PASSED BY THE VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU DATED 18.10.2021 IN G AND WC.NO.27/2021 ON I.A.NO.II ANNEXURE-A AND ALLOW THE IA NO.II BY GRANT THE INTERIM CUSTODY OF KUMARI SHUBHI N TO THE PETITIONER AND ETC.,
THESE WRIT PETITIONS COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel Mr. Nataraja Ballal appearing for the Petitioner in W.P.No.23522/2021 on instructions of his client personally present in the Court has moved a Memo dated 19.06.2024. It is signed by all the parties to the proceedings and the same reads as under:
“1. I, Sri.Naveen T L aged about 38 years accept that my 4 years, 11 days daughter Kum. Shubhi N in the complete custody of Smt. Sunita Malik and Kum. Menaka Malik from 14th December 2019 till date, 15th June 2022, 10.00 a.m. is healthy and fit mentally, physically and emotionally.
2. I, Sri. Naveen T l, shall be whole sole responsible towards my biological daughterKum. Shubhi N.”
that the custody of subject child has been secured by his
client and both the ward & guardian are happy with this arrangement and therefore, these Petitions be disposed off with a direction to the learned Judge of the Family Court to proceed with the pending matter in accordance with law, expeditiously. There is none to oppose this submission and therefore, the same has to be taken at its face value.
In the above circumstances, these Petitions are disposed off requesting the learned Judge of the Family Court concerned to try & dispose off the pending matter as expeditiously as possible. All contentions of parties are kept open.
Registry to send back the original Records/LCR forthwith, to the jurisdictional Family Court; lapse if any, shall be viewed seriously.
Bsv
Sd/JUDGE
List No.: 1 Sl No.: 17
2 issues framed by the court
Whether to dispose of the pending custody petitions given the parties' settlement on interim custody.
Whether to direct the Family Court to expeditiously dispose of the pending main matter.
2 provisions across 1 enactments
Sunita Malik
Menaka Malik
Naveen T L
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
