Sri Rohit Manjunath Balekundri vs Smt Nandini @ Akshatha D G
2021 Latest Caselaw 5582 Kant

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF DECEMBER, 2021

                        PRESENT

           THE HON'BLE MR. JUSTICE B. VEERAPPA

                           AND

       THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

    MISCELLANEOUS FIRST APPEAL No.5287/2021 (GW)

BETWEEN:

SRI ROHIT MANJUNATH BALEKUNDRI,
@ MANJUNATH BALEKUNDRI,
AGED ABOUT 42 YEARS,
JOB PRIVATE EMPLOYEE,
R/AT NO. 44, C/O. K. RAJASHEKAR,
7TH MAIN, 4TH CROSS,
NEAR SHANESHWARA TEMPLE,
SUBBANNA GARDEN,
BENGALURU 560040.                          ...APPELLANT

(BY SRI ROHIT MANJUNATH BALEKUNDRI, ADVOCATE)

AND:

SMT. NANDINI @ AKSHATHA D. G.,
DIVORCED
W/O SRI. MANJUNATH BALEKUNDRI @ ROHIT,
D/O. SRI D.P. GANGADHARAPPA,
AGED ABOUT 34 YEARS,
NO. 3428, C61, 62, 62A,
PANCHASANGAMA,
                                  2




NEAR SAPTHAGIRI HOSTEL,
BASAVESHWARA NAGAR-577 006.
DAVANAGERE.                                         ...RESPONDENT

(BY SRI GODACHI BASAVARAJ GODACHAYYA)
                           ....

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 47(a) OF GUARDIANS AND WARDS ACT, AGAINST THE
ORDER DATED 03.09.2021 ON I.A.NO. V PASSED ON G AND WC
NO. 6/2018 ON THE FILE OF THE JUDGE, FAMILY COURT,
DAVANAGERE, REJECTING THE I.A.NO.V FILED BY THE
PETITIONER/PARTY IN PERSON UNDER SECTION 12 OF THE
GUARDIANS AND WARDS ACT.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, B.VEERAPPA J., DELIVERED THE
FOLLOWING:


                         JUDGMENT

The present miscellaneous first appeal is filed by the

husband/Party-in-Person - Sri Rohit Manjunath Balekundri against

the impugned order dated 3.9.2021 passed in G & W.C.No.6/2018

on I.A.5 by the learned Principal Judge, Family Court, Davangere,

rejecting his application filed under Section 12 of the Guardians and

Wards Act for visitation rights and direction to handover the

temporary custody of his son Ganesh/Shuban.

2. Today Sri Rohit Manjunath Balekundri-Party-in-Person files

a memo dated 6.12.2021 specifically stating in paragraph-1 of the

same that G & WC No.06/2018 is disposed of on 4th December,

2021 and he is not satisfied with the order and will challenge the

same. The said memo is taken on record.

3. In view of the above, Miscellaneous First Appeal is

dismissed as having become infructuous. However, it is open

for the appellant/Party-in-Person to challenge the order dated

4th December, 2021 passed in G & WC 6/2018, if so aggrieved

in accordance with law.

SD/-

Judge

SD/-

Judge

Nsu/-