IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2018
THE HON’BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION Nos.50186-50187/2018(GM-FC)
GAURAV RAJENDRA MITTAL
S/O. LATE RAJENDRA KUMAR MITTAL,
AGED ABOUT 39 YEARS,
SREE VAISHNAVI NIWAS,
17TH CROSS, 9TH MAIN,
NEAR STATE BANK OF MYSORE,
(BY SRI L. GOVINDARAJ, ADVOCATE)
W/O. GAURAV RAJENDRA MITTAL,
AGED ABOUT 34 YEARS,
R/AT FLAT NO. 104,
V2 NIRVIK APARTMENT,
HSR LAYOUT, V SECTOR,
(BY SRI AZHAR MEER, ADVOCATE)
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:-
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
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
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
1. The petitioner shall have interim custody of the
minor children Lakshmi Mittal and Pariniti Mittal
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
3. Father shall pick up the children from the
mother’s residence and drop them back every
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.
Advocate for Petitioner Advocate for Respondent
4. The joint memo dated 13.12.2018 is placed on
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
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
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.
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.