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Sri.Aravind L Hippargi v. Smt.Akshatha a Hippargi

Interim custody – visitation

Karnataka HC1 Jul 2026WP/35311/2024

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Case brief

AI extract

What is this about?

Interim custody of minor children; visitation rights; weekend and vacation access; modification of visitation schedule to second Saturday and Sunday once a month; G & WC No.378 of 2023; I.A. No.5; Family Court Bengaluru; writ petition under Article 227; handover of children between Rajaji Nagar and Yelahanka; guardianship and custody; Karnataka High Court.

What did the court decide?

Modification of the Family Court's interim custody order: custody of the minor children to the respondent-mother once a month on the second Saturday and Sunday (instead of second and fourth weekends plus vacations), with handover by the father at the mother's house in Yelahanka at 10.00 a.m. on Saturday and return by the mother to the father's house in Rajaji Nagar by 06.00 p.m. on Sunday. ¶¶39

Sri.Aravind L Hippargi Vs Smt.Akshatha a Hippargi — Domestic Violence | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Family Court's order dated 12.12.2024 granting the respondent-mother interim custody of the minor children on the second and fourth Saturday and Sunday of every month and during vacations should be set aside or modified.

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Court's answer

Considering the ages of the minor children (13 and 9 years) and the fact that the father resides in Rajaji Nagar while the mother resides in Yelahanka, at a distance of 14 to 16 kilometres, the Court found it reasonable to modify the Family Court's order by granting custody of the minor children to the respondent-mother once in a month, i.e. on the second Saturday and Sunday.

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Ratio / Principle

The petitioner-father is directed to hand over the children at the mother's house at Yelahanka at 10.00 a.m. on the second Saturday, and the respondent-mother is directed to hand over the children at the father's house at Rajaji Nagar by 06.00 p.m. on Sunday, so the children can spend quality time with the mother in her house without interference of any other persons.

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Key takeaways

With the above modification of the interim custody arrangement, the writ petition is disposed of.ratio¶¶39

Detailed headnote1 paragraphs

Interim custody — visitation — writ petition under Article 227 of the Constitution of India against order dated 12.12.2024 of the VI Additional Principal Judge, Family Court, Bengaluru, on I.A. No.5 in G & WC No.378 of 2023, granting the mother interim custody of minor children (aged 13 and 9) on the second and fourth Saturday and Sunday of every month and during Dasara/winter vacations (5 days) and summer vacation (15 days) — Held: considering the ages of the children and the distance of 14 to 16 kilometres between the father's residence (Rajaji Nagar) and the mother's residence (Yelahanka), visitation modified to once a month on the second Saturday and Sunday, with the father to hand over the children at the mother's house at 10.00 a.m. on Saturday and the mother to return them at the father's house by 06.00 p.m. on Sunday — writ petition disposed of with the modification.

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NC: 2026:KHC:32805 WP No. 35311 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 35311 OF 2024 (GM-FC)

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BETWEEN:

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SRI. ARAVIND L HIPPARGI AGED ABOUT 43 YEARS S/O LATE SRI LAXMAN HIPPARGI, RESDIING AT NO. 2339 9^TH MAIN ‘E’ BLOCK, 2^ND STAGE RAJAJINAGAR BENGALURU-560 010.

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…PETITIONER

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(BY SRI. RAVI A. BELAGATTI., ADVOCATE)

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AND:

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Digitally signed by PADMASHREE SHEKHAR DESAI

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Location: High Court of Karnataka

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SMT. AKSHATHA A HIPPARGI AGED ABOUT 37 YEARS C/O G V NANDKARNI W/O ARAVIN L HIPPARGI HOUSE NO. 90, 4^TH CROSS SALI PLOT, PANCHAKSHARI NAGAR NAVANAGAR, HUBLI-580 025.

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…RESPONDENT (BY SRI. SHIVARAJ PATIL., ADVOCATE)

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THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION BY SETTING ASIDE THE ORDER DTD. 12.12.2024 PASSED BY LEARNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON IA NO.5 FILED BY THE RESPONDENT IN G AND WC NO. 378/2023 VIDE ANNX-H AND GRANT AN

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HC-KAR

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INTERIM ORDER TO STAY THE IMPUGNED ORDER DTD. 12.12.2024 PASSED BY LEARNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON IA NO.5 FILED BY THE RESPONDENT IN G AND WC NO. 378/2023 VIDE ANNX-H TILL DISPOSAL OF THE WRIT PETITION.

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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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This writ petition is filed praying to set aside the order dated 12.12.2024 passed by VI Additional Principal Judge, Family Court, Bengaluru, on I.A. No.5 in G & WC No.378 of 2023.

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Petitioner-father of the minor children, aged 13 and 9 years respectively, filed the aforesaid G & WC appointing him as sole guardian and for permanent custody of the minor children. It is stated that the petitioner is taking care of the children from 2023 onwards. Later, he also filed divorce application and it is pending between the parties. It is stated that during the pendency of the G & WC, respondent-mother filed I.A. No.5 for interim custody/visitation rights of both the

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HC-KAR

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minor children on every weekend and also during vacation. The Family Court by the impugned order granted interim custody of children to the respondent-wife on the second and fourth Saturday and Sunday of every calendar month and also granted custody of the children during Dasara vacation and winter vacation for 5 days and summer vacation for 15 days.

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Aggrieved by the said order, the petitioner-father of the minor children filed this writ petition and mainly contended that the children have a happy and close relationship with him, children have informed the Conciliator in Mahila Makkala Sahaya Vani, Bengaluru, that they will stay with him. The petitioner further stated that respondent-mother has informed him that, if he refuses to give the custody of the children, she will file false complaints against him. Respondent-mother gave a complaint to the Commissioner of Police for protection and under Section 498A of the Protection of Women from Domestic Violence Act. It is stated that both the children are male children, aged 13 and 9 years respectively and studying 9th class and 5th class in a reputed school. It is stated children are not happy and comfortable with the respondent-mother and

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HC-KAR

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they refuse to go with her. As such, she filed an application to pass an order by the Family Court. Even in the order of the Family Court, it was observed that children are happily spending 15 minutes' time with their mother, but they denied to go with their mother. As there is rift between both the parents, naturally, children will be reluctant to stay with the mother and moreover, their father is taking care of them and providing education and all other requirements.

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Considering the ages of the minor children and also

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the fact that father is residing in Rajaji Nagar and mother is residing in Yelahanka, which is at a distance of 14 to 16 kilometres, this Court finds it reasonable to modify the order of the Family Court by granting custody of the minor children to the respondent-mother, once in a month i.e. on second Saturday and Sunday. The petitioner-father is directed to hand over the children in the house of their mother at Yelahanka at 10.00 a.m. and on Sunday evening by 06.00 p.m., respondentmother is directed to hand over the children in the house of their father at Rajaji Nagar, so that the children can spend their

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HC-KAR

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quality time with mother in her house comfortably without interference of any other persons.

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