Allowed¶47

Sowmya Bhat v. Guruprasad Adiga

Karnataka HC16 Jul 2026WP/23911/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 23911 of 2024 (GM-FC); Article 227 Constitution of India; execution proceedings before Family Court; compliance with Memorandum of Understanding in M.C. No. 1835/2021; Skype video call interaction with minor child; contempt case CCC No.42/2022 and petitioner's undertaking; direction to petitioner and minor son to appear before Execution Court on 31.08.2024 held unsustainable and set aside; petitioner a doctor residing at Udupi, approximately 400 kilometres from Bengaluru; respondent/decree-holder continuing execution proceedings; writ petition allowed by P Sree Sudha, J.

What did the court decide?

Setting aside of the order dated 26.07.2024 passed in Execution Case No.4/2022 by the Court of the I Additional Principal Judge, Family Court, Bengaluru. ¶47

Sowmya Bhat Vs Guruprasad Adiga — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:36874 WP No. 23911 of 2024

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HC-KAR

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CNR: KAHC010497592024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 23911 OF 2024 (GM-FC)

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BETWEEN:

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SOWMYA BHAT AGED ABOUT 39 YEARS D/O V.K. BHAT, R/AT SHASHWATHI, 5^TH CROSS SUBRAMANYA NAGAR, SANTEKATTE UDUPI - 576 105, UDUPI DISTRICT.

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…PETITIONER

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(BY SRI. SUDESH KUMAR ACHARYA U, ADVOCATE)

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AND:

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GURUPRASAD ADIGA AGED 42 YEARS S/OK VISHVESHWARA ADIGA Digitally signed by R/AT NO.201, OMKAR SAROVAR APARTMENTS PADMASHREE 36/17, B201, 3^RD MAIN SHEKHAR KANAKAPURA MAIN ROAD DESAI BASAVANAGUDI Location: High Court of BENGALURU - 560 004. Karnataka

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…RESPONDENT

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(BY SMT. VAISHALI HEGDE, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION BY SETTING ASIDE THE IMPUGNED ORDER DATED-26.07.2024 PASSED IN

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HC-KAR

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NC: 2026:KHC:36874 WP No. 23911 of 2024

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CNR: KAHC010497592024

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EXECUTION CASE NO.4/2022 ON THE FILE OF THE COURT OF THE 1 ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BENGALURU, VIDE ANNEXURE- M, AND TO DECLARE THE SAME AS UNSUSTAINABLE UNDER LAW AND ETC.,

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL ORDER

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Heard the arguments of both sides.

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The present petition is filed seeking to set aside the order dated 26.07.2024 passed in Execution Case No.4/2022 by the Court of the I Additional Principal Judge, Family Court, Bengaluru.

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Learned counsel for the petitioner submitted that the impugned order is improper and incorrect. The petitioner had permitted the minor child to interact through video Skype video calls in terms of the Court's order and had also complied with the terms of the Memorandum of

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HC-KAR

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NC: 2026:KHC:36874 WP No. 23911 of 2024

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CNR: KAHC010497592024

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Understanding entered into between the parties in M.C. No. 1835/2021, as per Annexure-E.

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She further submitted that she was once again

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compelled to appear before the Execution Court without any justifiable reason. The respondent/decree-holder is aware of the order passed in CCC No.42/2022 and therefore, the execution petition ought to have been closed. However, the respondent is continuing the execution proceedings on untenable grounds. The Execution Court failed to take note of the order produced as Annexure-G. It is not the case of the respondent/decree-holder that the petitioner has violated any order of the Court.

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She further submitted that she and her minor son are residing in Udupi and are required to travel approximately 400 kilometres to Bengaluru. The petitioner is a doctor by profession and her son is attending school. Therefore, the direction requiring both of them to appear before the Execution Court on 31.08.2024 is unwarranted.

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It is further submitted that the execution proceedings themselves have become infructuous in view of

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4 - NC: 2026:KHC:36874 WP No. 23911 of 2024

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HC-KAR

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CNR: KAHC010497592024

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the order passed in CCC No.42/2022, produced as Annexure-

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G. Therefore, it is prayed that this Court set aside the order dated 26.07.2024.

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A perusal of the order passed in CCC No.42/2022 shows that the petitioner herein had given an undertaking that she would comply with the order. In view of the said undertaking, it was observed that the Court was not inclined to proceed further with contempt proceedings.

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After hearing the learned counsel for both sides, and considering that the contempt proceedings have not been proceeded with in view of direction of the Family Court, this Court is of the opinion that the direction issued by the Family Court requiring both of them to appear on 31.08.2024 is not proper and cannot be sustained.

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Hence, I pass the following:

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ORDER

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i. The writ petition is allowed .

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5 - NC: 2026:KHC:36874 WP No. 23911 of 2024

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HC-KAR

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CNR: KAHC010497592024

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ii. The order dated 26.07.2024 passed in Execution Case No.4/2022 by the Court of the I Additional Principal Judge, Family Court, Bengaluru, is hereby set aside.

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Sd/(P SREE SUDHA) JUDGE

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TMP

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List No.: 2 Sl No.: 27

Sowmya Bhat v. Guruprasad Adiga

Case brief

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Sowmya Bhat v. Guruprasad Adiga

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