SMT PRIYA L vs. SRI HARENDER KEERTHI

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WP/18743/2013HC KarnatakaKAHC01024945201319 September 2013Bench: A.S.BOPANNA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the writ petition had become infructuous because the main petition in G & WC No.71/2011 had already been disposed of. The interim orders merged with the final order.

What were the facts?

The petitioner sought to quash interim orders regarding child custody during summer vacation. The main petition concerning custody was filed in G & WC No.71/2011.

What were the issues?

Whether interim orders regarding child custody remain valid after the final disposal of the main custody petition. The impact of the final order on pending writ petitions challenging interim measures.

Which sections of the Income-tax Act were involved?

Section 12,Section 151 CPC

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19TH DAY OF SEPTEMBER, 2013 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NOS.18743-18745/2013 (GM-FC)

BETWEEN:

SMT PRIYA.L, D/O.T.LAKSHMANA, AGED ABOUT 32 YEARS, R/AT 127, 4TH MAIN, INCOME TAX LAYOUT, VIJAYANAGAR, BANGALORE-40. ... PETITIONER

(BY SRI S.G.MUNISWAMY GOWDA, ADV.)

AND:

SRI HARENDER KEERTHI, S/O.KERTHI SATHYANARAYANA, AGED ABOUT 39 YEARS, BDS, "PRATEEKSHA", NO.216, 2ND CROSS, COFFEE BOARD LAYOUT, HEBBAL KEMPAPURA, BANGALORE-560 024. ... RESPONDENT

(BY SRI MANJUNATH.B.R, ADV.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.3.2013 ON INTERIM APPLICATION DATED 8.3.2012 FILED UNDER SECTION 12 OF THE GUARDIANS AND WARDS ACT R/W SECTION 151 OF CPC FOR INTERIM CUSTODY OF THE CHILD 'ABHIRAM' DURING SUMMER VACATION

PASSED IN G & WC NO.71/2011 ON THE FILE OF THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEXURE-L

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

The petitioner herein has assailed the orders dated 08.03.2012 impugned at Annexure-L and 27.03.2013 impugned at Annexure-H to the petitions. Further, modification of the orders is also sought.

2.

The said orders were passed by way of interim measure during the pendency of main petition in G & WC No.71/2011. Though several contentions have been urged in the instant petitions to assail the said order, the main petition in G & WC No.71/2011 has been disposed of by the order dated 22.08.2013. Though by the operative portion of the order, certain directions with regard to the visitation rights of the child has been granted, since the interim order would merge with the final order passed in G & WC No.71/2011, the instant petition has now rendered itself infructuous. However, if the petitioner is aggrieved by the final order passed by the family court in G & WC No.71/2011 and if the same

is assailed, it would be open for the petitioner to urge all contentions including the grounds urged in the instant petition.

In terms of the above, the petition stands disposed of.

Sd/- JUDGE

ST*/BSR

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