Shwetha D Rao vs Girish Ganganagaiah

Pradeep Singh Yerur, J

This petition is filed by the petitioner - mother of the minor child, Mourya, presently aged 8 years 9 months challenging the order dated 03.04.2024 passed on I.A.No.2 in G & WC.No.44/2024.

The grievance of the petitioner - mother is that the interim custody of the minor child be given for substantial amount of time than what was ordered in the impugned order and it is also the grievance that the child was not interacted with while passing the impugned order. Therefore, it is vehement contention that the Court passing any interim order on the child custody rights and visitation and any interim arrangements, it is necessary for the Court to interact with the child and take the opinion of the child and then pass orders in the interest and welfare of the minor child.

Be that as it may, learned Family Judge has passed the impugned order by granting visitation rights as stated in impugned order that is every Friday, till school vacation is over, from 2 to 5 p.m to accommodate the petitioner to visit the child at the visitation room of the Family Court and after the school starts, on Saturdays between 3 and 5 p.m at the same place.

The petitioner - mother not being satisfied with the restricted visitation rights filed applications in I.A.Nos.6 and 7 for further modification of the interim order and for visitation in Dasara vacation, Christmas vacation and change of timing and extension of timing.

In view of the petitioner - mother filing I.A.Nos.6 and 7 which are yet to be decided and the Family Court has not passed orders on the said applications, this Court, without expressing any opinion deems it appropriate to direct the learned Family Judge to consider the applications I.A.Nos.6 and 7 filed by the petitioner - mother and if require, call the child for further interaction and consider any material afresh on the interest and welfare of the minor child and pass fresh orders without being influenced by the order passed on 03.04.2024. Accordingly, I pass the following:

ORDER

i) The petition is disposed of.

ii) The impugned order passed on IA.No.2 by the Court of Principal Judge, Family Court, Bangalore in G & WC.No.44/2024 dated 03.04.2024 is set aside.

iii) In view of the petitioner having filed I.A.Nos.6 and 7, the learned Family Judge shall decide I.A.Nos.6 and 7 filed by the petitioner - mother within a period of 2 or 3 weeks and pass suitable orders, including taking into consideration the contentions in IA. 2.

iv) It is needless to mention that this Court has not expressed any opinion on the merits of the matter. All contention and materials placed by the parties are kept open to be considered by the learned Family Judge.

v) Learned counsel shall mention about the order passed today to the learned Presiding Officer and he shall proceed further in accordance with law, by providing reasonable opportunity to both parties.

vi) Parties shall keep themselves present along with the minor child for interaction on 13.01.2025, or any day thereafter fixed by the Family Court.