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Smt. Ambika Naik Y vs Dr Prashant T Naik on 26 April, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE RAGHVENDRA S.CHAUHAN

WRIT PETITION No.18247/2018 (GM-FC)

BETWEEN

SMT. AMBIKA NAIK Y
W/O Dr. PRASHANT T. NAIK
AGED ABOUT 29 YEARS
OCC: HOUSE WIFE
ASSISTANT PROFESSOR
R/AT No.13, BCC LAYOUT
3RD CROSS, CHANDRA LAYOUT
BENGALURU-560 040.
…PETITIONER
(By SRI PADMANABHA V. MAHALE, SR. ADVOCATE
FOR SRI L. RAJANNA, ADVOCATE)

AND

Dr. PRASHANT T NAIK
S/O T R NAIK
AGED ABOUT 38 YEARS
OCC: PEDIATRICIAN
R/AT ASHIHAL TANDA
LINGASUGUR
LINGASUGUR TALUK
RAICHUR DISTRICT-584 125.
…RESPONDENT
(By SMT. RAMA R. IYER, ADVOCATE FOR C/R)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 23.04.2018 ON THE APPLICATION I.A.No.6
FILED BY THE RESPONDENT IN G WC No.216/2017 PASSED
BY THE LEARNED III ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, BENGALURU VIDE ANNXURE-E.
2

THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

With the consent of the learned counsel for the

parties, this case is being decided at this stage itself.

2. Smt. Ambika Naik.Y, the wife, has challenged the

legality of the order, dated 23.04.2018, passed by the III

Additional Principal Judge, Family Court, Bengaluru,

whereby, while allowing the application filed by the

respondent-husband seeking interim custody of the minor

daughter, Unnathi P.Naik, the learned Judge has granted

interim custody of the child to the respondent from

01.05.2018 to 15.05.2018.

3. Briefly the facts of the case are that the petitioner

and the respondent were married on 09.02.2011. Both

the petitioner and the respondent happened to be well-

educated, young, and intelligent individuals. During the

wedlock, Unnathi P.Naik was born on 25.12.2011. But it

seems certain differences have arisen between the couple,
3

and they have parted their ways. On 13.07.2017, the

respondent filed a petition under Section 25 of the

Guardian and Wards Act, against the petitioner, for

seeking permanent custody of the child. The respondent

also filed an application on 07.04.2018, under Section 12

of the Act read with Section 10(3) of the Family Court Act,

seeking interim custody of Unnathi P.Naik from 15.4.2018

till 31.5.2018, as the child was having her summer

vacation. The petitioner filed objection to the said

application. However, by the impugned order, the learned

Family Court has granted the interim custody of the child

from 1.5.2018 to 15.5.2018 to the respondent. Hence, the

present petition before the Court.

4. Sri Padmanabha V. Mahale, the learned Senior

Counsel for the petitioner, has vehemently contended that

the respondent was meeting his daughter twice in a month

from 30.11.2017 till the present. Even then, the bond

between the respondent and the child is not too strong

presently. Secondly, in case the child is required to stay
4

with the father for fifteen long days, the child may be too

uncomfortable, as the child would be required to stay in an

unfamiliar environment. Therefore, instead of giving

interim custody for a continuous period of fifteen days,

possibly the order should to be modified, so as to give the

interim custody of the child to the respondent only for the

day time, and to permit the child to be with the petitioner,

who happens to be the mother, during the evening and the

night time.

5. To this suggestion, the learned counsel for the

respondent has agreed, and in the opinion of this Court

rightly so. Since the child is six years old, the child may

feel uncomfortable and anxious in a strange environment.

And since the child may need a comforting company of the

mother especially during the night time, this Court is of the

opinion that the impugned order requires to be modified to

a limited extent. Therefore, this Court modifies the

impugned order as under:

5

The respondent shall have interim custody of the

child from 9.00 a.m. to 5.00 p.m., between 01.05.2018 to

15.05.2018. However, the respondent is duty bound to

inform the petitioner in case the child feels uncomfortable

and prays that she be sent back to her mother. In case, if

such a request is made by the child, even during the day

time, the respondent should immediately inform the

petitioner, and the petitioner shall be free to go to the

place where the child is, and to pick up the child. The

respondent shall handover the child’s to the petitioner at

5.00 p.m. during the aforementioned period. The parties

are free to discuss the mode of picking up and dropping off

of the child during the stipulated period.

Since it is the custody of the child about whom the

parties are fighting, but considering the fact that both the

parties are young, intelligent and professionals, this Court

is of the opinion that an endeavor should be made to

reconcile the parties for the sake of, and in the interest of

the child. Therefore, this Court directs both the parties to
6

appear before the Bengaluru Meditation Centre on

19.05.2018. The Mediation Centre is directed to appoint a

Senior Mediator, who shall try and reconcile the differences

between the parties.

6. With the above mentioned directions, the petition

stands disposed of.

Sd/-

JUDGE

mv

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