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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER 2017
BEFORE
THE HON’BLE MR. JUSTICE A. S. BOPANNA
WRIT PETITION NO.21986/2017 (GM – FC)
BETWEEN:
VISHMA M P
D/O. LATE. M S PONNAPPA,
AGED ABOUT 30 YEARS,
# 42, SATHYAMURTHY ROAD,
R.S. PALYA, M.S. NAGAR POST,
BANGALORE 560033. .. PETITIONER
(By Sri PRABHUGOUD B TUMBIGI, ADVOCATE)
AND:
M U PONNANNA
S/O. SRI. M UTHAIAH,
AGED ABOUT 38 EYARS,
THAVALAGERI VILLAGE,
T. SHETTIGERI POST,
SRIMANGALA NAD,
VIRAJPET TALUK,
SOUTH COORG – 571218. .. RESPONDENT
(By Sri N RAVINDRANATH KAMATH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DTD:27.4.2017 PASSED ON IA NO.VIII PASSED
IN GWC NO.7/2016 PENDING ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC VIRAJPET, PRODUCED VIDE
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ANNEXURE-A AND CONSEQUENTLY ALLOW THE IA NO.VIII
FILED THEREIN PRODUCED VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING IN `B’ GROUP’ THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court assailing the order
dated 27.4.2017 passed on I.A.No.8 in G
WC.No.07/2016 pending on the file of the Senior Civil
Judge and JMFC as at Annexure-“A” to the petition.
2. The petitioner herein is the former wife of the
respondent. Due to certain disputes in their marital life,
they were residing separately and thereafter a petition
under Section 13(B) of the Hindu Marriage Act was filed
before the Court below. The marriage between the parties
was accordingly dissolved. Though the position is such,
since a child was also born during the subsistence of their
marriage, the respondent herein has filed a petition under
Sections 7 and 25 of the Guardian and Wards Act in G
WC.No.07/2016 seeking custody of the minor daughter.
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In the said proceedings, the respondent herein also filed
an application in I.A.No.8 seeking interim custody of the
minor child Kum. Manya Muthamma during the summer
vacation between the period 15.4.2017 to 13.5.2017. The
Court below after considering the application has through
the impugned order held that the respondent herein is
entitled to interim custody of the minor child from
20.5.2017 to 29.5.2017. The petitioner herein claiming to
be aggrieved by the said order is before this Court in this
petition.
3. During pendency of this petition, attempts were
also made by the parties, including before the Mediation
Center to resolve the issue amicably. However, attempts
having failed, the instant petition is listed before this Court
for consideration.
4. In that background, I have heard the learned
counsel for the parties. Though contentions have been
urged in support as well as to assail the order passed by
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the Court below, from the very nature of the prayer made
in I.A.No.8 and the relief granted while disposing of the
application, it is clear that the prayer as made in the
instant petition does not survive for consideration at this
juncture as the period for which interim custody was
sought and was granted by the Court below has elapsed.
Therefore, the appropriate course while disposing the
instant petition would be to direct the Court below to
dispose of the main proceedings in G WC.No.7/2016
within a time frame so that based on the evidence
tendered by the parties the right could be determined
while disposing of the main petition itself. In the
meanwhile, if for any reason any interim visitation is to be
considered on specific terms for any other period, that is
also a matter which could be taken note of by the Court
below as those are aspects which is beyond the scope of
this petition as the petition has rendered itself
infructuous. In view of the impugned order dated
27.4.2017 having lost its efficacy and the same not being
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available for implementation at this stage, there is no need
to set aside the same. However, since the said order is not
implementable at this stage, it is directed that the Court
below shall take up the petition in G WC No.7/2016 for
disposal on its merits and dispose of the same as
expeditiously as possible, but not later than six months’
from the date on which the copy of this Court is furnished
to the Court below. Needless to mention, if any interim
considerations are to be made by the Court below,
discretion in that regard is left open to the Court below.
5. The petition is accordingly disposed of.
Sd/-
JUDGE
*alb/-.