Disposed

Sri K S Venkatesh v. Dr Spurthi Patel

Karnataka HC23 Aug 2024WP/3347/2024

Case brief

AI extract

What is this about?

Father sought custody in a guardianship case and had a pending 2023 interlocutory application for visitation that remained undisposed for a year. The High Court directed the trial court to dispose of the visitation application within two months and disposed of the writ petition without notice.

What did the court decide?

Direction to Principal Family Court, Bangalore to dispose of IA No.2/2023 within two months.

Sri K S Venkatesh Vs Dr Spurthi Patel — Child Custody and Guardianship | Karnataka HC (2024)

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NC: 2024:KHC:33991 WP No. 3347 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3347 OF 2024 (GM-FC)

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BETWEEN:

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SRI. K.S. VENKATESH S/O SHIVEGOWDA, AGED ABOUT 39 YEARS, R/AT. NO. 68/20, 12^TH MAIN, RAGHAVENDRA BLOCK, BENGALURU-560 052

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…PETITIONER

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(BY SMT. GOWHAR UNNISA, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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DR. SPURTHI PATEL, W/O. K.S. VENDATESH, D/O. SHIVARAM PATEL, AGED ABOUT 33 YEARS

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SMT. MADHAVI W/O. SHIVARAM PATEL, AGED ABOUT 56 YEARS,

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BOTH ARE R/AT. NO.5, CHOTTANAHALLI VILLAGE, KOPPA HOBLI, MANDYA DISTRICT-571 428

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…RESPONDENTS

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2 - NC: 2024:KHC:33991 WP No. 3347 of 2024

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE TRIAL COURT TO DISPOSE IA NO. 2, FILED BY THE PETITIONER UNDER SECTION -12(1) OF THE GUARDIAN AND WARDS ACT, PRODUCED AS ANNEXURE-B1 TO THE WP AT AN EARLY DATE ON THE FILE OF THE PRINCIPAL FAMILY COURT, BANGALORE IN G AND WC 272/2023.

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THIS PETITION, COMING ON FOR PRELIMINARY

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking a direction to the trial Court to dispose of I.A.No.2/2023 filed by the petitioner-father under section 12(1) of the Guardian and Wards Act, 1890.

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It is the case of the petitioner-father that he

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had filed G & W.C.No.272/2023 seeking custody of the child and in that, he had filed interlocutory application on 27.07.2023 seeking visitation. So far the said interlocutory application is not disposed of by the Court. It is the case of the petitioner-father that the mother is evading the service

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NC: 2024:KHC:33991 WP No. 3347 of 2024

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of notice and from the last one year, he is not able to meet the child.

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Considering the submission of the learned counsel for the petitioner, this is an interlocutory application of the year 2023, in G&WC matters, the interim applications for visitation rights have to be disposed of as expeditiously as possible. Considering the same, there shall be a direction to trial Court to dispose of IA No.2/2023 in G &W.C. No.272/2023 as expeditiously as possible, but not later than 2 months. This Court is not proposing to issue notice to the respondent as no adverse orders are passed by this Court.

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Accordingly, the Writ Petition is disposed of.

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SD/(LALITHA KANNEGANTI) JUDGE

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List No.: 1 Sl No.: 3, CT:SNN

Sri K S Venkatesh v. Dr Spurthi Patel

Case brief

What is this about?

What did the court decide?

Sri K S Venkatesh v. Dr Spurthi Patel

Case brief

What is this about?

What did the court decide?

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