Anirudh Vijaykumar Vs Priyanka Bajaj

PRIYANKA BAJAJ W/O.ANIRUDH VIJAYKUMAR AGED ABOUT 40 YEARS R/AT FLAT 103, 1^ST FLOOR CITADEL APARTMENTS 3^RD CROSS, KORAMANGALA 3^RD BLOCK, KORAMANGALA BENGALURU-560 034

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…RESPONDENT

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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(BY SMT.LAKSHMI IYENGAR, SENIOR COUNSEL FOR SRI N.GOWTHAM RAGHUNATH, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.03.2025 PASSED ON AN INTERIM APPLICATION IN IA.NO.II IN G & WC.NO.85/2025 BY IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU VIDE ANNEXURE-F AND IN TURN ALLOW THE SAID APPLICATION AND ETC.

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

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NC: 2025:KHC:15631 WP No. 8469 of 2025

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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-father against

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the respondent-mother, who is none other than his wife for the custody and guardianship of the minor child namely, Aranya, aged 2½ years in G & WC.No.85/2025.

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During the pendency of the said custody petition, the petitioner-father filed an application in IA.No.II under Sections 9 and 12 of the Guardianship and Wards Act, 1890 read with Order XXXIX Rules 1 and 2 read with Section 151 of CPC to restrain the respondent-mother from removing the minor daughter Aranya from the jurisdiction of the Family Court. However, the Family Court, vide impugned order dated 10.03.2025, issued notice to the respondent-mother on the said application in IA.No.II without granting any ad-interim order. Hence, the petitioner approached this Court challenging the said order dated 10.03.2025.

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NC: 2025:KHC:15631 WP No. 8469 of 2025

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This Court, vide order dated 22.03.2025, granted an ex parte ad interim order of Temporary Injunction restraining the respondent from removing the minor daughter from the jurisdiction of the Family Court, Bengaluru city, till the next date of hearing.

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Upon receipt of notice, the respondent-mother appeared before this Court through a counsel and she is also physically present before this Court. However, on the advice of elders and learned counsels for both parties, the petitioner-father and the respondent-mother have agreed to settle the matter amicably between themselves and accordingly, they have filed a joint memo.

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The joint memo reads as under:

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"JOINT MEMO

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The parties herein state as follows:

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1. Considering the Respondent's desire to relocate to Mumbai along with the minor childAranya, the parties have agreed upon the following arrangement with regard to visitation, interim custody and video call access.

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NC: 2025:KHC:15631 WP No. 8469 of 2025

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2. It is agreed that the Petitioner shall have interim custody of Aranya on alternate weekends (Saturday and Sunday) from 10 a.m. to 8 p.m. on Saturday and 10 a.m. to 6 p.m. on Sunday.

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3. The petitioner shall travel to Mumbai to exercise interim custody during one weekend of every month, during which time he will have interim custody of Aranya as stated above. The Respondent shall travel to Bengaluru with Aranya on the weekend alternate to the Petitioner's visit to Mumbai, during which time the Petitioner and his parents shall have interim custody of Aranya, as stated above. The parties agree to communicate with each other before booking their respective tickets to travel to/fro Mumbai and vice versa. The Petitioner has agreed to bear the expenses of Aranya's air tickets when she travels to Bengaluru with the Respondent, for the purpose of his interim custody once a month. The arrangement shall commence with immediate effect. However, for the month of April 2025, the Petitioner shall have interim custody of Aranya at Mumbai on 19.04.2025 and 20.04.2025 and the Respondent shall travel to Bengaluru along with Aranya to

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NC: 2025:KHC:15631 WP No. 8469 of 2025

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enable Petitioner and his parents to exercise interim custody on 26.04.2025 and 27.04.2025.

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4. The Petitioner and the Respondent have also agreed that the Petitioner and his parents shall have access to Aranya over video calls for 1530 minutes every Monday, Wednesday and Friday, during weeks when interim custody is to take place over the weekend. On the other weeks, the Petitioner and his parents shall have access to Aranya over video calls for up to 30 minutes on Saturdays and Sundays, apart from regular video call access on Monday, Wednesday and Friday. In the event of any intervening circumstance, the parties shall agree on a mutually convenient alternate time and date, as compensation.

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5. The parties have agreed to explore the possibility of settling all disputes through mediation at the Karnataka Mediation Centre Bengaluru, in G&WC No.85/2025, commencing in the month of June 2025.

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6. In the event of mediation being unsuccessful, the parties agree to continue to abide by the above arrangement from 19.04.2025 until disposal of Interim Application Nos.3 and 4 in G&WC No.85/2025 pending on the file of the

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6 - NC: 2025:KHC:15631 WP No. 8469 of 2025

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Hon'ble IV Additional Principal Judge, Family Court, Bengaluru.

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Wherefore, it is most respectfully prayed by the parties that this Writ Petition be disposed of in terms of the above arrangement, in the interest of justice and equity."

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Both the parties are present before the Court and

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on a query, they have submitted that they voluntarily and out of their own free will and wish, signed and executed the joint memo in order to resolve the dispute between themselves. The petitioner-father and the respondentmother have agreed to certain terms and conditions as stipulated in joint memo with regard to custody and visitation rights and that they shall abide by the same without breach or default. The parties have also agreed to settle all the disputes through mediation between themselves in the Karnataka Mediation Centre.

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