KAUSTAV DAS Vs. SANGEETHA REDDY DAS

JUDGEMENT

(1.) Ms. Lakshmy Iyengar and Ms. Pramila Nesargi, learned Senior Counsels who appear for the petitioner and the respondent respectively are heard.

(2.) The petitioner, husband has filed this petition for mandamus to the respondent-wife to handover the custody of minor child, Ms. Zarya Das, during school vacations, holidays and on the child's birthday. The learned Senior Counsel for the parties have adverted to different proceedings inter se parties as regards the rival claims for custody of/visiting rights to the child and the orders made in that regard by this Court in Criminal Petition No.5869/2018 connected with Criminal Petition No.5870/2018. However, both the learned Senior counsel concur that this writ petition could be disposed of with a direction to the Family Court which is seized of the proceedings in G and WC No.48/2018 viz., II Additional Principal Judge, Family Court Bengaluru [for short 'Family Court'] to dispose of such proceedings in a time bound manner; and insofar as the Petitioner's request to visit the child during the ensuing Deepavali festival, Ms. Lakshmy Iyengar and Ms. Pramila Nesargi, submit that, without prejudice to the respective contentions as regards the custody/visiting rights, the petitioner could be permitted to visit the minor child Ms. Zarya Das in Chennai on 16.11.2020 between 2 pm and 8 pm.

(3.) However, Ms. Pramila Nesargi, would like to enter the caveat that the petitioner must meet the child only in the presence of the child's maternal grandparents and the petitioner must not create any scene that would upset the child or be precipitative inter se parties; and Ms. Lakshmy Iyengar signifies that that the petitioner would have no difficulty in meeting the child in the presence of the maternal grand parents but the other submission is unwarranted as the petitioner is conscious of his responsibilities even towards the child. However, the writ petition is being disposed of to serve the interests of justice in the light of the concurring submissions. Hence the following: