Writ petition under Article 227 challenging Family Court order in matrimonial suit granting emergent notice for visitation rights. Court disposed petition directing trial Court to decide I.A. No. 1 as respondent appeared.
Directed the trial Court to dispose of I.A.No.1 within one month from receipt of order copy.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 3378 OF 2024 (GM-FC)
BETWEEN:
MR. SAURBAH SAKSENA S/O LATE HARIMOHAN SAKSENA AGED ABOUT 48 YEARS, RESIDING AT C 603, NITESH FOREST HILLS, SEEGEHALLI, KADUGODI POST, WHITEFIELD, BANGALORE - 560067
…PETITIONER (BY SMT. ANUSHA B REDDY, ADVOCATE FOR SRI. D. V. SHASHANK, ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
MRS. PRABHJEET KAUR W/O MR SAURABH SAKSENA AGED ABOUT 46 YEARS RESIDING AT NO 702 , STERLING RESIDENCY, 7TH CROSS ROAD, LOTTEGOLLAHALLI, RMV 2ND STAGE, BENGALURU - 560094
…RESPONDENT (BY SMT. CHAMPOO KAVYA S., ADVOCATE FOR SRI. DR M SUNIL SASTRY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21/12/2023 PASSED ON INTERLOCUTORY APPLICATION 01/2023 BY THE II ADDL SENIOR CIVIL JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, IN MC NO. 789/2023 AND ALLOW IA NO. 01/2023 (ANNEXURE-A).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner has filed this writ petition challenging the order dated 21.12.2023, wherein the trial Court issued emergent notice on I.A.No.1, and suit summons to the respondent.
The petitioner filed the petition under Section 9 of the Hindu Marriage Act, 1955 (for short, 'the Act') in M.C.No.789/2023. Along with the petition, the petitioner filed I.A.No.1 to grant permission for visitation rights to the petitioner to visit his daughter. The Family Court issued an emergent notice on I.A.No.1 and a suit summons to the respondent. The petitioner aggrieved by the same, has filed this writ petition.
NC: 2024:KHC:42899 WP No. 3378 of 2024
learned counsel for the respondent.
submits that the trial Court has not passed any order on I.A.No.1. Hence, the writ petition filed by the petitioner is not maintainable as it is premature. Hence, on these grounds, he prays to dismiss the writ petition.
submissions made by learned counsel for the parties.
NC: 2024:KHC:42899 WP No. 3378 of 2024
directing the trial Court to dispose of I.A.No.1 filed by the
NC: 2024:KHC:42899 WP No. 3378 of 2024
petitioner within one month from the date of receipt of a
copy of this order.
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Whether the writ petition filed under Article 227 challenging the Family Court's order on a visitation application is maintainable and requires disposal.
2 provisions across 2 enactments
MR. SAURBAH SAKSENA
MRS. PRABHJEET KAUR
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
