Karnataka High Court
Smt. Madura Bendigeri vs Sri Dr Sudharshan on 13 February, 2026
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NC: 2026:KHC:9030
WP No. 30128 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 30128 OF 2025 (GM-FC)
BETWEEN:
SMT. MADURA BENDIGERI
(MENTIONED AS MADURA
BENDEGERI IN (G AND WC 349/2023))
W/O. DR.SUDHARSHAN R.G,
AGED ABOUT 39 YEARS,
R/AT. A-3, 1ST FLOOR,
HOUSE NO.14, KALPILA APARTMENT,
KAGGADASAPURA,
BENGALURU- 560 093.
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF ...PETITIONER
KARNATAKA
(BY SRI. NAGESH VINAY S., ADVOCATE)
AND:
SRI. DR. SUDHARSHAN
S/O. GOVINDRAJU,
AGED ABOUT 42 YEARS
R/AT B-204,
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NC: 2026:KHC:9030
WP No. 30128 of 2025
HC-KAR
PARANPAJE WINDFIELDS APARTMENTS,
YEMLUR MAIN ROAD,
KEMPAPURA, BELLANDUR,
BENGALURU- 560 037.
...RESPONDENT
(BY SRI.DR.SUDARSHAN R.G.- PARTY-IN-PERSON)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDI.A, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI QUASHING ANNEXURE-A, ORDER
DATED 27.09.2025 PASSED BY THE 1 ADDL. FAMILY JUDGE AT
BANGALORE IN G AND WC NO.349/2023.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2026:KHC:9030
WP No. 30128 of 2025
HC-KAR
ORAL ORDER
The present writ petition is filed aggrieved by the order passed in I.A.No.4 in G & WC.No.349/2023 dated 23.04.2025 by the I Additional Principal Judge, Family Court, Bengaluru, both the mother and father are before this Court. The father's writ petition is WP.No.14353/2025 and the mother's writ petition WP.No.14503/2025. The Family Court had passed an order in G & WC petition which reads as follows:
"I.A.No.III under Section 12 of the GuardI.Ans and Wards Act, 1890 read with Section 151 of the Code of Civil Procedure filed by the petitioner is partly allowed.
I.A.No.IV under Section 12 of the GuardI.Ans and Wards Act, 1890 read with Section 151 of the Code of Civil Procedure filed by the petitioner is partly allowed.
Petitioner/father is entitled for interim custody of the minor child Ridham M.S. between 2 PM to 6 PM on every Saturday and Sunday and he shall pick the child from respondent/mother's house and drop him back.
Petitioner is also entitled for interim custody of the minor child Ridham M.S. on birthday of the child and during all festivals from morning 10 AM to 2 PM and he shall pick the child from respondent/mother's house and drop him back.-4-
NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR Petitioner has the right of contact with the minor child on alternative days through video call for a period of one house in between 5 PM to 7 PM with prior intimation to the respondent.
Respondent is directed to facilitate for smooth exercise of custody rights and right of contact by the petitioner."
2. InitI.Ally, this Court on 26.06.2025 had disposed of W.P.Nos.14503/2025, 14353/2025, 14361/2025, wherein the operative portion of the order reads thus:
i. Every day whenever the medicines are given to the child, in the morning and in the evening the mother can record a video and send it to the father on a daily basis.
ii. On the festivals that are celebrated in the family, the father is entitled for the interim visitation from 10.00 a.m. to 2.00 p.m. iii. As it is difficult for the mother to compel the boy of that age to speak to the father through video call between 05.00 p.m. to 07.00 p.m., it is modified as, as long as the boy is comfortable.
iv. If the mother is travelling on a weekend when the father has visitation, firstly she has to inform the same in advance to the father and secondly the said visitation has to be compensated immedI.Ately in the next week, i.e., these two days along with the -5- NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR other two days in the weekend has to be compensated.
v. The father shall be informed about the school activities and parent-teacher meeting and also with regard to the child's medical needs, father shall be part of all these activities. Whenever the boy needs to be taken to the doctor, both the mother and father shall take the boy to the doctor.
vi. Accordingly, W.P.Nos.14503/2025, 14353/2025 and 14361/2025 are disposed of and the order passed in I.A.Nos.III and IV in G&WC.No.349/2023 dated 23.04.2025 by the I Additional Principal Judge, Family Court at Bengaluru, is modified. vii. All pending I.As., in these writ petitions shall stand closed.
3. Thereafter, the father has come before this Court as a party-in-person and sought review of this order. The same was opposed by the learned counsel appearing for the mother, stating that when this Court had passed an order after hearing both the learned counsels, the petitioner has not now made out any grounds for reviewing the order. He has argued at length, submitting that this review petition is not maintainable and the reasons that are stated cannot be the grounds to review the order. It is the contention of the party-in-person -6- NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR that, right from the beginning, he had been insisting for the overnight custody and as the same was not put forth before this Court by the learned counsel who appeared on his behalf, it made him to come before this Court.
4. Party-in-person/father submits that he is living in a close proximity, 450 meters from the house of the mother. The boy is very much comfortable with the father and the boy, right from the beginning, has been very much involved in the activities and for the welfare of the child, if overnight custody is granted, no adverse effects would have on the child. It is submitted that the paternal grandparents also live with him.
5. This Court had interacted with both the mother and the father. The mother raised certain issues that the father requires therapy and that he is emotionally not stable and according to the father, mother is not stable. Then this Court, on 23.09.2025, passed an order observing that both the parties shall appear before the doctors at NIMHANS on 16.10.2025 and the doctors at NIMHANS shall evaluate both of them. As per the advice of the doctors, the parties shall undergo therapy sessions. Once the evaluation is done, the doctors at NIMHANS -7- NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR shall send the report to this Court. In the meantime, from Monday to Saturday, the father can pick up the child from the mother's place at 7.00 p.m. and drop him back at 9.00 p.m. and the father is entitled to interim custody of the minor child between 2.00 p.m. to 6.00 p.m. on Sunday. The Saturday- Sunday arrangement can be adjusted as per the convenience of the parties. Thereafter, when the parties appeared before the NIMHANS, the NIMHANS sent a report to this Court stating that the parties cannot be evaluated as outpatient and they have to admit as inpatients. The mother is reluctant to admit as an inpatient. The father in interested to undergo evaluation either as an outpatient or inpatient. According to the doctors at NIMHANS, as an outpatient the treatment takes more than one year and as an inpatient it will be for a month. According to the mother, it is not possible for her to admit as an inpatient. It is stated that as outpatient is for more than a year, inpatient for one month, she cannot proceed with either, considering the tender age of the child and also the fact that she has to take care of the child and as such it is not possible for her. In I.A.No.13 filed before the Family Court, whereby the father sought for 50% custody during Summer, Christmas, Diwali and -8- NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR any other vacation or holiday of more than one day declared by the school every year and 100% custody during Dasara vacations. In that, the Family Court had passed an order on 27.09.2025, which reads thus:
"I.A.No.XIII filed by the petitioner under Section 12 and 17 of the GuardI.Ans and Wards Act, 1890 read with Section 151 of Code of Civil Procedure, 1908 is hereby partly allowed.
The petitioner is hereby granted fifty percent of the overnight visitation rights of the minor child Master Ridham M.S. during Dasara, Christmas, Diwali and Summer Vacation.
During rest of the fifty percent vacations of Dussehra, Deepavali and Christmas and Summer, the respondent/mother is entitled to spend quality time with the minor son Master Ridham M.S. Both the parties shall intimate each other their travel plans during above said periods.
The applicant can exercise his visitation rights of overnight stay of the minor son Master Ridham M.S. based on the comfortability of the minor child.
The applicant shall take care of the well being of the minor son Master Ridham M.S. during his overnight stay with him."-9-
NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR
6. Questioning the above said order, the mother had filed WP.No.30128/2025. Initially, this matter was listed before the Co-ordinate Bench of this Court on 30.09.2025, where the mother was directed to keep the child present before the Court on the next date of hearing. Then on 03.10.2025, an order was passed. Considering the order that is passed by this Court in the review petition, the Co-ordinate Bench of this Court had directed that the visitation that is granted by this Court in the review petition shall continue and the order passed in I.A.No.13 is stayed. Thereafter, the matter was listed before this Court on 17.10.2025 and this Court had passed an order which reads thus:
"(i) The father shall have the exclusive visitation rights on 18.10.2025, 19.10.2025 and 20.10.2025 from 10 a.m. to 6 p.m.
(ii) On 21.10.2025 and 22.10.2025 the mother can celebrate the festival with the boy and on 23.10.2025, 24.10.2025 and 25.10.2025 father can have visitation between 10 a.m. to 2 p.m. List these matters on 25.10.2025 and by that time, learned counsel for mother shall get specific instructions with regard to the admission into the hospital."
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR
7. Then on 25.10.2025, this Court had passed an order which reads thus:
"This Court by order dated 23.09.2025 had directed both the parties to appear before the doctors at NIMHANS on 16.10.2025 and the doctors shall evaluate both of them. As per the advice of the doctors, the parties shall go through the therapy sessions.
Learned counsel appearing for the
petitioner/mother submits that the parties have
appeared before the doctors at NIMHANS. However, the doctors have insisted them to admit as in-patients for one month. It is submitted that the child is aged three years and it is difficult for the mother to get admitted in the hospital. It is also submitted that the couple counseling can be done, but the doctors at NIMHANS have expressed the apprehension that they may not regularly turn up for the sessions, as such, they insisted the parties to get admitted in the hospital. Learned counsel submits that the mother is ready to go through the counseling but it is difficult for her to get admitted as in-patient.
In each and every case, whenever this Court is asking the doctors at NIMHANS for evaluation, they are suggesting that the parties shall be admitted as in- patients. In majority of cases, the people are having their own apprehensions to be admitted as in-patient. The Director, NIMHANS shall suggest the best
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR alternative apart from getting admitted in the hospital and the same shall be placed before this Court.
The Registrar (JudicI.Al) is directed to communicate this order.
List this matter on 04.11.2025 and by that time, the report shall be placed before this Court."
8. Then on 15.12.2025, this Court had passed an order which reads thus:
"i. The respondent/father is entitled for the interim custody of the child from 20.12.2025 to 26.12.2025. On 20.12.2025, 21.12.2025 and 22.12.2025, the father can have the overnight custody of the child, from 23.12.2025 to 26.12.2025, the father can pick up the child at 10:00 a.m. and drop him back at 7:00 p.m. ii. Then coming to the order dated 23.09.2025 that the father can have the visitation everyday between 7:00 p.m. to 9:00 p.m., the same is modified as 5:00 p.m. to 7:00 p.m. iii. The father will not have the visitation between 5:00 p.m. to 7:00 p.m. when the mother is having 50% of the vacation i.e., from 27.12.2025 to 04.01.2026.
iv. The order dated 23.09.2025 with regard to the visitation between 5:00 p.m. to 7:00 p.m., will be restored from 05.01.2026."
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR
9. Against the said order, the respondents have approached the Hon'ble Apex Court by filing SLP.No.37727 to 37728/2025. The same was dismissed by order dated 19.12.2025, wherein the Hon'ble Apex Court had observed that, after hearing the Senior Learned Counsel, they are not inclined to entertain these special leave petitions. Accordingly, the special leave petitions were dismissed. Thereafter, the mother gave overnight custody to the father. According to the father, the visitation went on very well and the boy is very much interested in spending time with him. On the last occasion, when this matter came up, it is submitted by the party-in-person that as the boy had came during the New Year, he was asking the father when will be the New Year. Then, on the last occasion, this Court had asked the learned counsel appearing to the mother to get specific instructions with regard to the overnight custody. Considering that, further orders will be passed by this Court.
10. Today, learned counsel appearing for the mother has placed before this Court, the consultation with Narayana Health Centre, wherein the advice is to sort out family issues in
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR preparation for surgery in March 2026, namely open ureteric reimplantation of duplex system. Placing the same before this Court, learned counsel submits that the doctors have given certain instructions to the mother and the mother shall prepare the child for the surgery in the month of March 2026 and as such she is not ready for a overnight custody and the visitation as it is may continue. It is the submission of the learned counsel that if this Court passes any order for overnight custody, that would prejudice the case of the mother before the Family Court and as the High Court had granted the order, while deciding the G & WC petition, it would have an impact on the Family Court. The party-in-person/father submits that he has been involved throughout with the medical and other issues of the child and in fact, he has been taking him to the doctors and it is undisputed by the mother that as per the father's advice and whenever he ask to take the child to a particular doctor, she takes the child to the said doctors. It is submitted that the father will take care of the child as advised by the doctor. Further, during the surgery and recovery he would not ask for overnight custody, before the surgery and after the
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR surgery, the Court may pass an order granting overnight custody to the father.
11. Having heard the learned counsels on either side, perused the material on record. The boy is aged about 3½ years, is suffering from a kidney related problem. Both the mother and father are staying at a distance of 450 meters. The father is a well educated person and is staying along with his parents. It is not the case of the mother that the boy is not interested in staying with the father. The difficulties that are expressed by the mother cannot at all be the grounds for this Court not to grant the overnight custody/visitation to the father. This Court, while exercising parens patriae jurisdiction, has to look at the ultimate welfare of the child. The child requires the affection and attention of both mother and father, particularly in a situation where the boy is suffering from health ailments. The mother is a housewife and the father is working. In the considered opinion of this Court, balancing the interest of the father and mother, the welfare of the child is essential in the facts and circumstances of the case. By virtue of the order that is passed by this Court during the vacation, the father
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR exercised visitation and no incident adverse to the child's interest has been brought before this Court. Under these circumstances, this Court can safely conclude that the interest and welfare of the boy is not affected if overnight custody/visitation is given to the father.
12. Then coming to the submission of the learned counsel appearing for the mother that any order that is passed by this Court granting overnight custody will have an impact on the pending G & WC, this Court is not able to appreciate the submission made by the learned counsel for the mother. Looking at the age and the other relevant factors, the Family Court will consider whether the father is entitled for the custody of the child. Any issue pertaining to the child will never attain finality and it has to be adhered periodically, looking at the welfare of the child. In the considered opinion of the Court, the child spending time with both the mother and father and the involvement of both parents in the welfare of the child are in the best interest of the child. Learned counsel appearing for the mother has raised grounds for entertaining the review petition. In matters pertaining to the welfare of the child, the
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR technicalities will not come in the way of the Court and this Court would appreciate the facts by adopting a holistic approach, balancing the interests of all the parties. Such technicalities as to the scope review are not at all the concern of the Court while deciding the welfare of the child. In that view of the matter, this Court deems it appropriate to pass the following:
ORDER i. In the light of the above discussion, the order passed by this Court in WP.Nos.14503/2025, 14353/2025 and 14361/2025 is modified.
ii. As far as clause No.1, 4, 5 and 6 are concerned, that remains to be the same.
iii. Clause Nos.2 and 3 are deleted.
iv. Considering the fact that the boy is comfortable with the father and they are staying in a close proximity, on every Friday from 5.00 pm to Saturday 5.00 pm., the father can have the overnight custody.
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR v. The father can have the everyday visitation i.e., from Monday to Thursday between 5.00 pm to 7.00 pm. vi. The father can have 50% of the Dasara, Deepavali, Christmas and Summer Vacation as per the convenience of the parties, they can have either the first part of the vacation or the second part of the vacation. When this Court is referring to 50% of the vacation, considering the tender age of the boy, this Court is of the view that the father shall have the alternate days overnight custody and during that vacation if the mother wants to take the boy out of Bangalore for 3 or 4 days, once she comes back, the visitation shall be given to the father.
vii. While the mother is travelling, the father is entitled for a video call as long as the boy is comfortable. viii. The father, without filing unnecessary applications before the Family Court, shall co-operate with the trial in the pending G & WC.
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NC: 2026:KHC:9030 WP No. 30128 of 2025 HC-KAR ix. Accordingly, the writ petition is disposed of. x. All I.As., in the writ petition shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 12