Allowed¶30

Mr. Anindya Gupta v. Mrs. Taniya Das

Karnataka HC15 Apr 2025WP/10850/2025

Case brief

AI extract

What is this about?

Article 227 writ petition mandamus Family Court Karnataka Bengaluru expedite disposal interim application interim custody summer vacation 30 days G & WC No.35/2022 I.A.No.12 permanent guardianship minor child Anvi Tanvi non-custodial parent visitation rights husband wife Anindya Gupta Taniya Das Pradeep Singh Yerur 15.04.2025 WP No. 10850 of 2025 GM-FC disposed on or before 26.04.2025 no adverse order no notice Jyoti Priya case mandamus precedent referred

What did the court decide?

Writ of mandamus issued directing the III Additional Principal Family Court Judge at Bengaluru to dispose of I.A.No.12 in G & W.C.No.35/2022 on or before 26.04.2025. ¶30

Mr. Anindya Gupta Vs Mrs. Taniya Das — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ of mandamus issued directing the III Additional Principal Family Court Judge at Bengaluru to dispose of I.A.No.12 in G & W.C.No.35/2022 on or before 26.04.2025.

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Issue for consideration

Whether a writ of mandamus should issue directing the learned Judge of the Family Court to dispose of I.A.No.12 in G & W.C.No.35/2022 (application filed 18.03.2025 for interim custody of the children during summer vacation) expeditiously.

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Court's answer

In matrimonial proceedings concerning custody and visitation rights, it is the duty of the Family Court to dispose of interim applications expeditiously, not later than 30 days; where the application seeks interim custody during a summer vacation that has already commenced, it becomes all the more the duty of the Family Court Judge to dispose of the petition expeditiously so as to facilitate the non-custodial parent to have custody and visitation rights during the ensuing summer or other vacations.

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Ratio / Principle

Without adverting to the merits of the interim-custody application, the petition was held to be a fit case to be allowed, with a direction to the learned Judge of the Family Court to dispose of the matter expeditiously.

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Key takeaways

Notice was not directed to be issued to the respondent-wife because no adverse order was being passed against her.obiter¶21
A writ of mandamus was ordered directing the III Additional Principal Family Court Judge at Bengaluru to dispose of I.A.No.12 on or before 26.04.2025.ratio¶31

Detailed headnote1 paragraphs

High Court of Karnataka (Pradeep Singh Yerur, J.), W.P. No. 10850 of 2025 (GM-FC), order dated 15.04.2025, under Article 227 of the Constitution of India: petitioner-husband sought a mandamus to the III Additional Principal Judge, Family Court, Bengaluru to expedite disposal of I.A.No.12 in G & WC No.35/2022 (filed 18.03.2025 for interim custody of the minor children Anvi and Tanvi during summer vacation). Holding: in custody and visitation matters it is the Family Court's duty to dispose of interim applications expeditiously, not later than 30 days, and all the more so where vacation custody is sought after the vacation has commenced, to facilitate the non-custodial parent's access; no notice to the respondent was called for as no adverse order was passed. Without adverting to merits, the petition was allowed and a writ of mandamus issued directing disposal of I.A.No.12 on or before 26.04.2025.

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1 - NC: 2025:KHC:15503 WP No. 10850 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 10850 OF 2025 (GM-FC)

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BETWEEN:

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MR. ANINDYA GUPTA, AGED ABOUT 41 YEARS, S/O. APURBA GUPTA, R/A NO.402, CELESTIA TOWER LODHA AURUM GRANDE, KANJURMARG EAST BOMBAY – 400 042, MOB.: 9769418844. E-MAIL: [email protected].

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…PETITIONER

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(BY SRI. MANJUNATH H., ADVOCATE)

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AND:

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Digitally signed MRS. TANIYA DAS, by JYOTHI AGED ABOUT 39 YEARS, MANJUNATH D/O. ANUP KUMAR DAS, Location: High Court of R/A NO.105, MAPLE APARTMENT, Karnataka 80 FEET ROAD, 4^TH B CROSS, INDIRANAGAR, BANGALORE – 560 038. MOB.: 9920640610 E-MAIL: [email protected].

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…RESPONDENT

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS IN G AND WC NO.35/2022 PENDING BEFORE THE HON'BLE III

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2 - NC: 2025:KHC:15503 WP No. 10850 of 2025

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ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE; B) TO DISPOSE OFF THE I A NO.12 IN G AND WC NO.35/2022 PENDING ON THE FILE OF THE HONBLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE WITHIN AN OUTER LIMIT OF ONE WEEK BUT NOT LATER THAN 18/04/2025 IN ACCORDANCE WITH THE MANDAMUS OF THIS HON'BLE COURT IN JYOTI PRIYAS CASE LE. ANNEXURES-D AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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This petition is filed by the petitioner-husband against wife for permanent guardianship of the minor child namely, Anvi and Tanvi. It is pending adjudication in G & WC No.35/2022 before the III Additional Principal Family Court Judge at Bengaluru.

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This Court is not inclined to issue notice to the

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respondent as no adverse order is passed against the respondent. The prayer sought in this petition is for a

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3 - NC: 2025:KHC:15503 WP No. 10850 of 2025

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direction to the learned Judge of the Family Court to dispose of the application filed in I.A.No.12 in G & W.C.No.35/2022 which is filed on 18.03.2025 seeking interim custody of the children during summer vacation.

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In the matrimonial proceedings, more particularly in the case of custody and visitation rights it is the duty of the Family Court to dispose of the interim applications expeditiously not later than 30 days and in the present case on hand, as the application is filed for interim custody during the Summer Vacation which has already commenced, all the more it becomes the duty of the learned Judge of the Family Court to dispose of the petition expeditiously to facilitate the non-custodial parent to have custody and visitation rights, if entitled during the ensuing summer vacation or other vacations of the children. Having not been done, the petitioner is before this Court.

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4 - NC: 2025:KHC:15503 WP No. 10850 of 2025

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Without adverting to the merits of the matter

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on the application filed by the petitioner in the Family

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Court, it is a fit case to be allowed and a direction to be issued to the learned Judge of the Family Court to dispose of the matter expeditiously. Under the circumstances, I pass the following:-

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ORDER

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(i) The petition is allowed . (ii) Writ of mandamus is ordered. Direction is

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issued to the III Additional Principal Family Court Judge at Bengaluru to dispose of I.A.No.12 on or before 26.04.2025.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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PSJ List No.: 1 Sl No.: 40

Mr. Anindya Gupta v. Mrs. Taniya Das

Case brief

What is this about?

What did the court decide?

Mr. Anindya Gupta v. Mrs. Taniya Das

Case brief

What is this about?

What did the court decide?

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What the court decided

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