Kumari Abha Sinha Vs Mr Deepak Kumar Sinha — Matrimonial and Divorce | Karnataka HC (2025)

Kumari Abha Sinha Vs Mr Deepak Kumar Sinha — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: father to meet the child per Family Court order dated 28.06.2019; father may attend parent-teacher meetings independently; father may take the child to the doctor as required after consulting the boy; father may celebrate the child's birthday in November and May per the boy's choice and other festivals convenient to the boy and father; all I.As. in the writ petition stand closed.

Issue for consideration

Whether the writ petition challenging the VI Family Court's order dated 14.02.2025 dismissing I.A.No.15 (which sought nine directions to the father regarding the child) should be quashed. +1 more

Court's answer

The High Court found no infirmity in the order passed by the Family Court dismissing I.A.No.15.

Ratio / Principle

The father shall meet the child as per the order passed by the Family Court dated 28.06.2019.

Key takeaways

The father can attend the parent-teacher meeting independently (i.e., without the mother's presence).ratio¶36
Since the father is ready to take the child to the doctor, he may do so based on requirement and after consultation with the boy.ratio¶37
The father can celebrate the child's birthday in November as well as in May, as per the choice of the boy, and can also celebrate other festivals convenient to the boy and the father.ratio

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 by the mother against the order dated 14.02.2025 of the VI Family Court, Bengaluru, in M.C.No.3994/2017 rejecting I.A.No.15 (filed under Section 26 of the Hindu Marriage Act) wherein she had sought nine directions against the father concerning the child. The High Court (Lalitha Kanneganti, J.) found no infirmity in the Family Court's order but, considering the child's interest and the father's stated willingness to meet the child, disposed of the petition directing that: (i) the father shall meet the child as per the Family Court order dated 28.06.2019; (ii) he may attend parent-teacher meetings independently; (iii) he may take the child to the doctor based on requirement and after consultation with the boy; and (iv) he may celebrate the child's birthday in November and May as per the boy's choice and other festivals convenient to the boy and the father. All interlocutory applications in the writ petition were closed. No precedent was cited or relied upon.

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NC: 2025:KHC:20620 WP No. 14449 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14449 OF 2025 (GM-FC)

BETWEEN:

KUMARI ABHA SINHA W/O DEEPAK KUMAR SINHA, AGED ABOUT 54 YEARS, R/O FLAT NO.401, B-BLOCK, SATWI'S VIELLE, KALKERE MAIN ROAD, HORAMAVU, BENGALURU-560043. …PETITIONER (BY SRI. SHIVARAJ N ARALI, ADVOCATE) AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

MR. DEEPAK KUMAR SINHA S/O LATE YUGESHWAR PRASAD SINHA, AGED ABOUT 49 YEARS, R/O A-7-303, PROVIDENT HARMONY, CHOKKANAHALLI MAIN ROAD, R K HEGDE NAGAR, BENGALURU-560064.

…RESPONDENT

(BY SRI. DEEPAK KUMAR SINHA, PARTY-IN-PERSON)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A ORDER DATED 14.02.2025 PASSED BY VI FAMILY COURT BENGALURU IN M.C. NO.3994/2017 REJECTING INTERIM APPLICATION NO.15 AND ETC.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

Aggrieved by the order passed in I.A.No.15 filed under Section 26 of the Hindu Marriage Act, in M.C.No.3994/2017 dated 14.02.2025 by the VI Family Court, Bengaluru, the mother is before this Court, along with several other IAs. I.A.No.15 is filed, wherein she sought a slew of directions to the father, as many as 9 directions. The Court, by order impugned, had dismissed that application, observing that the Court cannot direct the father to do any act that is against his interest and such type of direction on the say of one spouse, the Court cannot direct the other spouse to act in certain manner and accordingly dismissed it.

The parties are referred to as father and mother for the sake of convenience.

Learned counsel appearing for the mother submits that the boy is suffering from depression because of the disputes between the parents and the father is not meeting the child and also the birthday is generally performed twice i.e., in the month of May and November and also all other festivals shall be celebrated by the father along with the child in the

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NC: 2025:KHC:20620 WP No. 14449 of 2025

HC-KAR

presence of the mother. It is submitted that, in view of the long-standing disputes between the parties, the matter can be referred to mediation.

The party-in-person/respondent/husband submits that he is ready to meet the boy and he is very much interested in the welfare of the child. As per the order passed by the Family Court dated 28.06.2019, he is interested in exercising the visitation. It is submitted that he can celebrate the birthday of the child, as they were celebrating that is two times in November and May. He will go to the parent-teacher meeting and to the doctor and all the festivals also he is ready to celebrate with the boy. But he cannot do all these in the mother's presence. As there are about 14 cases filed by the wife and 3 cases filed by him. He is not ready to do any of the activities along with the wife.

Heard the learned counsel for the petitioner as well as the party-in-person/respondent/husband. This Court finds no infirmity with the order passed by the Family Court. However, considering the interest of the child and also the submission of

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NC: 2025:KHC:20620 WP No. 14449 of 2025

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the father that he is interested to meet the child. This Court is

disposing of the writ petition. Accordingly, the following order:

ORDER

i. The father shall meet the child as per the order passed by the Family Court dated 28.06.2019.

ii. The father can attend the parent-teacher meeting independently.

iii. As he is ready to take the child to the doctor, based on the requirement and after consultation with the boy, the father can take him to the doctor.

iv. The fathers can celebrate the birthday in the month of November as well as in the month of May, as per the choice of the boy and even on other festivals also, which is convenient to the boy and to the father, they can celebrate the festival.

v. Accordingly, this writ petition is disposed of .

vi. All I.As., in the writ petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

BKN

List No.: 1 Sl No.: 16