Disposed

Sri Dilip S v. Smt. Amrutha T S

Karnataka HC10 Jun 2024WP/6055/2024

Case brief

AI extract

What is this about?

Husband sought mandamus for expeditious disposal of an application in a guardianship case and interim access to his child. The High Court permitted the father to meet the child fortnightly at an agreed venue and directed the Family Court to decide the applications within two months.

What did the court decide?

Father permitted fortnightly Sunday visits with child; Family Court directed to decide pending applications including maintenance within two months.

Sri Dilip S Vs Smt. Amrutha T S — Child Custody and Guardianship | Karnataka HC (2024)

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NC: 2024:KHC:20102 WP No. 6055 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6055 OF 2024 (GM-FC)

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BETWEEN:

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SRI DILIP S C/O SOMASHEKAR H B AGED ABOUT 34 YEARS, NO.123, BONFIRE BANNIMANTAPA BEHIND GOVERNMENT HOSPITAL NEAR THE OVERHEAD WATER TANK KANAKAPURA MAIN ROAD, NETTIGERE BENGALURU-560082

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…PETITIONER

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(BY SRI. TRIVIKRAM S., ADVOCATE)

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AND:

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SMT. AMRUTHA T S W/O DILIP S AGED ABOUT 35 YEARS, Digitally ELEGANT ESPLANDER APARTMENTS signed by A BLOCK, NO.001, SUVARNA T GROUND FLOOR, Location: RANGASWAMAPPA ROAD, HIGH COURT OF RAJARAJESHWARI NAGAR, KARNATAKA BENGALURU-560098.

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…RESPONDENT

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(BY SMT. SHWETHA ANAND., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECT THE LEARNED III ADDL. FAMILY JUDGE AT BENGALURU, TO EXPEDITE AND DISPOSE OFF THE IA NO. 2, IN G AND WC NO. 387/2023 FOUND AT ANNEXURE-C.

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NC: 2024:KHC:20102 WP No. 6055 of 2024

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THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present writ petition is filed seeking mandamus for expeditious disposal of I.A.No.2 in G & WC No.387/2023. When the matter came up before the Court on 02.04.2024, this Court has passed the following order:

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"The present writ petition is filed seeking a direction to the III Additional Family Judge, Bengaluru to expedite and dispose off the I.A.No.2 in G & WC No.387/2023 within two weeks. The matter came up on 18.03.2024, the relief that is sought to dispose of G & WC which is filed in the year 2023 within two weeks, this court is not inclined to grant any relief. Learned counsel for the petitioner stated that its been long time that the father saw the child, he would like to meet the child once in the court and he would withdraw the petition. Accordingly this court on 18.03.2024 had directed the respondent/wife to be present along with the child on 01.04.2024. On 01.04.2024, the husband and wife along with the child are present before this court and as submitted the counsel that there is scope for settlement and the matter may be taken up. Accordingly, it is posted today at 2.00 p.m. in chambers.

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2. The court had interacted with both the husband and wife. Having interacted with them the court understood that they do not have such big differences, and what

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NC: 2024:KHC:20102 WP No. 6055 of 2024

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they are projecting as problems are all trivial issues. Further, both of them were ready to undergo the counseling with the certified marriage counsellor and also on the weekends till the next date of hearing, both the wife and husband along with the daughter will spend time. In that process, the father can have the visitation rights. Even apart from those two days, whenever it is convenient to both the parties, they would be meeting. Considering the same, this court is passing the following order:

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i) The father, mother and the child shall meet on every Saturday from 10.00 a.m. to 6.00 p.m. and also whenever it is convenient for both the parties i.e. even in the week days also.

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ii) Further, both the husband and wife once in a week has to go for the counselling to a certified counsellor and by next date of hearing they shall file the Counsellor report before this court.

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Post this matter on 04.06.2024 as part heard."

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Today, the wife is before this Court and it is submitted that in view of the differences between the parties there cannot be any amicable settlement and the maintenance application is pending consideration before the Court below. Learned counsel for respondent-wife submits that without any basis the petitioner-husband has come up before this Court.

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4 - NC: 2024:KHC:20102 WP No. 6055 of 2024

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3. Learned counsel for petitioner-husband submits

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that as the Court below is not passing any orders on I.A. filed in G & WC case, he has to approach this Court. It is submitted that that they will go before the Court below and pursue the matter. However, in the interest of father and the child, interim arrangement may be made by this Court.

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Considering the submission on behalf of both the counsel, father is permitted to meet the child once in every 15 days i.e., on Sunday between 11.00 a.m. to 2.00 p.m. at Falcon City Mall, Kanakapura Road. This is subject to further orders to be passed by the Court below in the pending application. The Court below shall pass appropriate orders on both I.A. as well as I.A. for maintenance as expeditiously as possible but not later than two months .

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Accordingly, writ petition is disposed of.

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Pending I.As., if any, shall stand disposed of.

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SD/JUDGE

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TL List No.: 1 Sl No.: 60

Sri Dilip S v. Smt. Amrutha T S

Case brief

What is this about?

What did the court decide?

Sri Dilip S v. Smt. Amrutha T S

Case brief

What is this about?

What did the court decide?

What the court decided

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