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Judgments of Supreme Court of India and High Courts

Gaurav Rajendra Mittal vs Sakshi Mittal on 13 December, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF DECEMBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION Nos.50186-50187/2018(GM-FC)

BETWEEN:

GAURAV RAJENDRA MITTAL
S/O. LATE RAJENDRA KUMAR MITTAL,
AGED ABOUT 39 YEARS,
R/AT NO.1132,
SREE VAISHNAVI NIWAS,
17TH CROSS, 9TH MAIN,
NEAR STATE BANK OF MYSORE,
H.S.R. LAYOUT,
BANGALORE-560 102.
… PETITIONER
(BY SRI L. GOVINDARAJ, ADVOCATE)

AND:

SAKSHI MITTAL,
W/O. GAURAV RAJENDRA MITTAL,
AGED ABOUT 34 YEARS,
R/AT FLAT NO. 104,
V2 NIRVIK APARTMENT,
HSR LAYOUT, V SECTOR,
BANGALORE-560 034.
… RESPONDENT

(BY SRI AZHAR MEER, 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 29.9.2018 MADE ON I.A.NO. 34
AND 35 BY THE II ADDL. PRL. JUDGE, FAMILY COURT,
BANGALORE IN G WC NO. 155/2016 C/W G WC NO.
171/2016 VIDE ANNEXURE-P;

THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:-

ORDER

These writ petitions are filed by the petitioner –

husband for a writ of certiorari to quash the order dated

29.9.2018 made on I.A. Nos.34 and 35 on the file of the II

Addl. Prl. Judge, Family Court, Bangalore in G WC

No.155/2016 c/w G WC No.171/2016 and for directing

the respondent – wife to deliver interim custody of minor

children – Master. Laksh Mittal and Ms. Pariniti Mittal to

him.

2. By the impugned order, the trial Court allowed I.A.

No.34 filed under Section 151 of Code of Civil Procedure r/w

Section 7 of the Family Courts Act and Section 12 of the
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Guardians and Wards Act, in part and directed the present

respondent – wife to bring the minor children viz., Master.

Laksh and Ms. Pariniti to the Mediation Centre on 6.10.2018

and also on 7.10.2018 from 11 a.m. to 4 p.m., to exercise

visitation rights with the present petitioner – father and

kept in abeyance I.A. No.35 filed under Section 151 of Code

of Civil Procedure r/w Section-7 of the Family Courts Act, till

the completion of trial.

3. After arguing the matter at length, learned counsel

for the parties filed joint memo today in the open Court and

the same is duly signed by the petitioner – husband and the

respondent – wife, who are present before the Court. The

joint memo dated 13.12.2018 reads as under:

“The petitioner and respondent have consented to
the disposal of this writ petition on the following
terms:

1. The petitioner shall have interim custody of the
minor children Lakshmi Mittal and Pariniti Mittal
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from 10:00 A.M. every Saturday until 1:00 P.M.
on every Sunday.

2. Both parties shall been titled to have the children
Gaurav Mittal for 4 days 6 days of school
vacations, respectively;

3. Father shall pick up the children from the
mother’s residence and drop them back every
time.

4. Both parties agree to co-operate with each other
in so far as this arrangement is concerned without
giving rise to further litigations on the issue.

5. This arrangements shall be subject to the decision
of the family court, Bangalore in G WC
No.155/2016 c/w G WC No. 171/2016.

WHEREFORE, the petitioner and respondent pray
that these petitions may be disposed of on the afore
stated terms, in the interest of justice and equity.

Sd/- Sd/-
Petitioner Respondent

Sd/- Sd/-
Advocate for Petitioner Advocate for Respondent

PLACE: BANGALORE
DATE: 13.12.2018
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4. The joint memo dated 13.12.2018 is placed on

record.

5. Both the father and mother, who are present before

the Court have agreed that the father shall have interim

custody of the minor children – Master. Laksh Mittal and

Ms. Pariniti Mittal from 10.00 a.m. every Saturday until

1.00 p.m. on every Sunday. It is also agreed that the

father and mother shall be entitled to have the children for

four days and six days respectively during ensuing school

winter vacation. It is further agreed that the father shall

pick up the children from the mother’s residence and drop

them back every time promptly without tutoring children

anything bad by polluting their mind and to take care of

the children with love and affection.

6. It is also agreed that both the parties will

cooperate with each other in so far as this interim

arrangement made voluntarily, without giving rise to
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further litigations on the issue with regard to visitation

rights of both the father and mother.

7. Parties have also agreed that this interim

arrangement shall be subject to the decision in G WC

No.155/2016 c/w G WC 171/2016, pending on the file of

the Family Court, Bangalore for adjudication between the

parties.

8. Both the parties who are present before the Court

voluntarily agree that in the above terms, these writ

petitions may be disposed of.

9. When a query was made by the Court to the father

and mother in the open Court, they voluntarily agree that

they will abide by the interim arrangement made between

them as stated above and ensure that they will not pollute

the mind of the children during the stay of the children with

them as per the interim arrangement. Parties have also

agreed that they will not disturb the mind of the children.
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10. This Court hope and trusts that both the petitioner

and the respondent, who are highly educated will not

pollute the mind of the growing children for any cause.

11. In view of the above, the writ petitions are

disposed of in the above terms.

In view of disposal of the writ petitions,

I.A.No.1/2018 for interim custody of the minor children, is

also disposed of in terms stated supra.

Sd/-

JUDGE

Gss/-

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