SUJATHA R @ SARASWATHI Vs. MAHESH D YATNALLI

JUDGEMENT

(1.) These two (2) writ petitions have been filed by the respondent (wife) challenging the correctness and legality of the order dated 19.01.2018 passed in G & W.C.No.252/2014 Annexure-E (in both the writ petitions).

(2.) I have heard the arguments of Sri.S.Gajendra, learned counsel appearing for petitioner-wife and Sri.Monish Kumar, learned counsel appearing for respondent-husband. Perused the case papers.

(3.) There is no dispute to the fact that marriage which came to be solemnised between respondent and petitioner did not go well resulting in both parties living apart and a son was born out of said wedlock, who was named as Master Kautik. Seeking custody of said child, petitioner herein has filed a petition before III Addl. Principal Judge, Family Court, Bengaluru, under Section 25 of Guardians and Wards Act r/w Section 6 of Hindu Minority and Guardianship Act, which is being contested to by the petitioner herein. During the pendency of said petition, several interlocutory applications and memos came to be filed resulting in orders dated 21.09.2017, 09.10.2017 and 01.01.2018 being passed, whereunder learned Family Judge has put the parties to terms and has directed the child, who is undisputedly in the custody of the petitioner-wife, to be handed over to the respondent-husband on particular days with certain conditions. For reasons best known wisdom seems to have not dawned upon parties, which has resulted in child being torn apart psychologically and physically also, which has resulted in the present dispute.