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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.
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