[Cites 3, Cited by 0]
Karnataka High Court
Karan Chandrashekar vs Smt. Divya K C on 10 April, 2026
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WP No. 4087 of 2026
C/W WP No. 5393 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE DR. JUSTICE K.MANMADHA RAO
WRIT PETITION NO.4087 OF 2026 (GM-FC)
C/W
WRIT PETITION NO.5393 OF 2026 (GM-FC)
IN WP No.4087/2026
BETWEEN:
KARAN CHANDRASHEKAR
AGED ABOUT 38 YEARS
S/O A CHANDRASHEKAR
R/O UNIT K5, NO.480,
13TH MAIN, 3RD BLOCK,
KORAMANGALA,
BENGALURU,
KARNATAKA - 560 034.
...PETITIONER
(BY SRI.K.B.S MANIAN, ADVOCATE A/W
SRI. AZHAR ALI FAROOQI.,ADVOCATE)
AND:
SMT. DIVYA K C.,
W/O KARAN CHANDRASHEKAR,
AGED ABOUT 38 YEARS,
R/O.161, 6TH CROSS,
1ST MAIN, S.T. BED LAYOUT,
1ST BLOCK, KORAMANGALA,
BENGALURU
KARNATAKA 560 034.
...RESPONDENT
(BY SMT. PRATHIMA S.K.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS
OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE
RESPONDENT IN THE MATTER OF GANDWC 137/2023, TO HAND
OVER THE CUSTODY OF THE MINOR CHILDREN, KAVIN
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WP No. 4087 of 2026
C/W WP No. 5393 of 2026
CHANDRASHEKAR AND AANYA CHANDRASHEKAR, TO THE
PETITIONER IN ACCORDANCE WITH THE CHILD ACCESS AND
CUSTODY GUIDELINES, WITHOUT REQUIRING THE CHILDREN TO BE
PRODUCED BEFORE THE HONBLE COURT, IN VIEW OF THE
EXTRAORDINARY DELAYS IN THE PROCEEDINGS BEFORE THE
HONBLE FAMILY COURT (ANNEXURE A) AND ETC.
IN WP NO. 5393/2026
BETWEEN:
KARAN CHANDRASHEKAR
AGED ABOUT 38 YEARS
S/O A. CHANDRASHEKAR
R/O UNIT K5, NO.480,
13TH MAIN, 3RD BLOCK,
KORAMANGALA,
BENGALURU
KARNATAKA - 560 034.
...PETITIONER
(BY SRI. K.B.S MANIAN, ADVOCATE A/W
SRI. AZHAR ALI FAROOQI, ADVOCATE)
AND:
SMT. DIVYA K.C,
W/O KARAN CHANDRASHEKAR,
AGED ABOUT 38 YEARS,
R/O.161, 6TH CROSS,
1ST MAIN, S.T. BED LAYOUT,
1ST BLOCK, KORAMANGALA,
BENGALURU
KARNATAKA - 560 034.
...RESPONDENT
(BY SMT. PRATHIMA S K.,ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR
DIRECTION TO THE RESPONDENT IN THE MATTER OF G AND WC
NO. 137/2023 TO HAND OVER THE CUSTODY OF THE MINOR
CHILDREN, KAVIN CHANDRASHEKAR AND AANYA
CHANDRASHEKAR, TO THE PETITIONER TO ENABLE HIM TO
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WP No. 4087 of 2026
C/W WP No. 5393 of 2026
EXERCISE EXTENDED UNSUPERVISED VISITATION RIGHTS
FROM FRIDAY 5.00 PM TO SUNDAY 7.00 PM, TWICE A WEEK
BETWEEN 5.00 PM AND 8.00 PM, AND VIDEO/PHONE CALLS
DURING THE WEEK, AS PRAYED FOR IN I.A. NO. 20 (ANNEXURE-
V) PENDING DISPOSAL OF G AND WC NO. 137/2023 AND ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 24.03.2026 AND COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
CAV ORDER
The W.P.No.4087/2026 is filed seeking following reliefs:-
(a) Issue a Writ of Mandamus or direction to
the respondent in G & WC No.137/2023 to hand over
custody of the minor children, namely Kavin
Chandrashekar and Aanya Chandrashekar, to the
petitioner.
(b) Grant interim custody including 50%
custody during vacation periods as sought in
I.A.No.19 (Annexure-S) pending before the V Addl.
Family Court at Bengaluru ("the Family Court").
(c) Set aside the order dated 03.05.2025
passed in I.A.No.19 (Annexure-B) insofar as it
mandates the presence of the minor children.
(d) Direct the Family Court to adhere to the
Child Access and Custody Guidelines, particularly in
avoiding unnecessary summoning of minor children,
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WP No. 4087 of 2026
C/W WP No. 5393 of 2026
in terms of the directions issued by the Division
Bench of this Court in W.P.No.2819/2024 dated
10.12.2025 (Annexure-A).
2. The W.P.No.5393/2026 is filed seeking following
reliefs:-
(a) Issue a Writ of Mandamus or direction in G
& WC No.137/2023 directing the respondent to hand
over custody of the minor children to the petitioner to
enable exercise of extended unsupervised visitation
rights.
(b) Grant interim visitation including:
(i) Access from Friday 5:00 p.m. to Sunday
7:00 p.m.,
(ii) Visitation twice a week between 5:00 p.m.
and 8:00 p.m.,
(iii) Video/phone calls during the week, as
sought in I.A.No.20 (Annexure-V).
(c) direct the Family Court to adjudicate
I.A.No.20 within a reasonable time in accordance with
the Child Access and Custody Guidelines and in terms
of the order dated 15.12.2025 in W.P.No.24360/2023
(Annexure-Z).
3. The petitioner in both the writ petitions is father
and the respondents in both the writ petitions is mother of the
minor children.
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WP No. 4087 of 2026
C/W WP No. 5393 of 2026
4. The brief facts of the case in both the writ petitions
are:-
The petitioner in both the writ petitions is the father of
the minor children, namely Kavin Chandrashekar and Aanya
Chandrashekar, and the respondent is their mother. Both
petitions are filed under Articles 226 and 227 of the
Constitution of India in the backdrop of proceedings in G & WC
No.137/2023 pending before the Family Court.
5. The grievance of the petitioner, in substance, is that
despite various visitation orders passed from time to time, the
respondent has not adhered to the same, and the Family Court
has granted only limited and inadequate interim relief. It is
further contended that the proceedings before the Family Court
have been protracted, and interlocutory applications filed by
the petitioner are not being taken up in a timely manner,
thereby frustrating the very purpose of the interim reliefs
sought and causing prejudice to the petitioner as well as
affecting the welfare of the minor children.
6. The petitioner places further reliance on the Child
Access and Custody Guidelines and the Parenting Plan, 2025,
adopted by the Division Bench of this Court, to contend that
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C/W WP No. 5393 of 2026
meaningful access and expeditious consideration of applications
concerning custody and visitation ought to be ensured, while
also avoiding unnecessary summoning of minor children.
7. Insofar as W.P.No.4087/2026 is concerned, the
petitioner seeks custody of the minor children, including
vacation custody, as prayed in I.A.No.19, and also calls in
question the order dated 03.05.2025 to the extent it mandates
the presence of the minor children.
8. Insofar as W.P.No.5393/2026 is concerned, the
petitioner seeks enhancement of interim unsupervised visitation
rights as prayed in I.A.No.20, and in the alternative, seeks a
direction to the Family Court to expeditiously consider and
dispose of the said application.
9. Heard learned counsel appearing on either side and
perused material on record.
10. This Court has given anxious consideration to the
submissions made by the learned counsel for the parties and
also taken into consideration the list of dates and synopsis,
order sheet in G & WC case, list of IA's filed by the petitioner
and list of petitions filed by the petitioner and status of the
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WP No. 4087 of 2026
C/W WP No. 5393 of 2026
said cases filed by the counsel for respondent-mother on
24.03.2026.
11. Upon perusal of the material placed on record,
including the order sheets, it appears that the Family Court is
actively seized of the matter and has been making consistent
efforts to proceed with the case. At this stage, it is not proper
for this Court to undertake an adjudication of the merits of the
rival claims relating to custody or visitation, as the same would
require appreciation of facts and evidence, which falls within
the domain of the Family Court. Any such exercise would
amount to pre-empting the adjudicatory process pending
before the competent Court.
12. It is a settled principle that this Court, in exercise of
its writ jurisdiction, ought not to ordinarily fix rigid timelines for
disposal of cases pending before Trial Courts, unless there is
clear material to demonstrate lack of diligence or unwarranted
delay on the part of the Trial Court. In the present case, no
such circumstance is made out. The record discloses that the
Family Court has been taking steps from time to time to
advance the proceedings.
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C/W WP No. 5393 of 2026
13. It is also evident that multiple interlocutory
applications have been filed by the parties, particularly by the
petitioner, which are pending consideration before the Family
Court. While such applications are permissible in law, their
multiplicity has a bearing on the overall timeline of the
proceedings. The Family Court, being burdened with both the
main petition and several interlocutory applications, is required
to adjudicate the issues in a comprehensive manner.
14. It is also observed that the proceedings under the
Family Courts Act are intended to be disposed of expeditiously,
having regard to the paramount consideration of the welfare of
the minor children. At the same time, issues relating to custody
and visitation require a holistic consideration based on the
pleadings and material on record, and cannot be appropriately
determined in a piecemeal manner in proceedings of this
nature.
15. In view of the above, this Court, in exercise of
jurisdiction under Articles 226 and 227 of the Constitution of
India, would not ordinarily interfere with such discretionary
orders unless they suffer from perversity or patent illegality. In
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C/W WP No. 5393 of 2026
the present case, this Court does not find any such illegality or
perversity in the impugned order warranting interference.
16. Insofar as the prayers in the present writ petitions
are concerned, this Court refrains from adjudicating upon the
merits of the claims relating to custody or specific visitation
arrangements. However, the petitions are considered to the
limited extent of ensuring adherence to the Child Access and
Custody Guidelines and the Parenting Plan, 2025, which is
adopted by all the Courts and also the Division Bench of this
Court particularly with regard to facilitating meaningful access,
avoiding unnecessary summoning of minor children, and
ensuring timely consideration of pending interlocutory
applications.
17. In the above, this Court proceeds to pass the
following:-
ORDER
These writ petitions are disposed of with a direction to
the V Additional Family Court, Bengaluru, to take up G & WC
No.137/2023 along with I.A.Nos.19 and 20 and all connected
applications, and to consider and dispose of the same as
expeditiously as possible, in accordance with law, while
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adhering to the Child Access and Custody Guidelines and the
Parenting Plan, 2025.
Accordingly, the present writ petitions are disposed of.
SD/-
(DR.K.MANMADHA RAO)
JUDGE
BNV
