Karnataka High Court
MFA/926/2025 of PADMAVATHAMMA Vs P.N. GOPALAKRISHNAIAH on 15 June 2026
NC: 2026:KHC:28986-DB MFA No. 913 of 2025 C/W MFA No. 926 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 913 OF 2025 (GW) C/W
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 913 OF 2025 (GW)
C/W
MISCELLANEOUS FIRST APPEAL NO. 926 OF 2025(GW)
IN MFA No. 913/2025
BETWEEN:
PADMAVATHAMMA,
W/O SUBRAMANI,
AGED ABOUT 53 YEARS,
R/AT WARD NO.24, NARASIMHAPET,
CHINTAMANI TOWN - 563 125,
CHIKKABALLAPUR DISTRICT.
CUSTODY OF :
1) MASTER VENKAT D.
S/O LATE DAYANANDA BABU P.G.
AGED ABOUT 15 YEARS
2) MASTER NITHIN SAIRAM D.
S/O LATE DAYANANDA BABU P.G.
AGED ABOUT 13 YEARS,
BOTH ARE MINORS AND UNDER
THE CARE AND CUSTODY OF
THE APPELLANT.
…APPELLANT
(BY SRI. P.N. HARISH., ADVOCATE)
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
AND:
1.
P.N. GOPALAKRISHNAIAH,
S/O LATE NARAYANAPPA,
AGED ABOUT 73 YEARS,
2.
SAVITHRAMMA,
W/O P N GOPALAKRISHNAIAH,
AGED ABOUT 63 YEARS,
BOTH ARE RESIDING AT YALDUR
VILLAGE AND POST - 563 138,
SRINIVASAPURA TALUK,
KOLAR DISTRICT
…RESPONDENTS
(BY SRI. GAJENDRA S., ADVOCATE FOR R1 AND R2)
THIS MFA IS FILED UNDER SECTION 47(1)(a) OF THE
GUARDIAN AND WARDS ACT, 1890, AGAINST THE JUDGMENT
AND DECREE DATED:04.11.2024 PASSED IN G AND WC
NO.9/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, CHINTHAMANI, ALLOWING THE COUNTER CLAIM FILED
BY THE RESPONDENTS THEREIN.
IN MFA NO. 926/2025
BETWEEN:
1.
PADMAVATHAMMA,
W/O SUBRAMANI,
AGED ABOUT 53 YEARS,
R/AT WARD NO.24, NARASIMHAPET,
CHINTAMANI TOWN - 563 125,
CHIKKABALLAPUR DISTRICT.
CUSTODY OF :
1) MASTER VENKAT D.
S/O LATE DAYANANDA BABU P.G.
AGED ABOUT 15 YEARS
HC-KAR
2) MASTER NITHIN SAIRAM D.
S/O LATE DAYANANDA BABU P.G.
AGED ABOUT 13 YEARS,
BOTH ARE MINORS AND UNDER
THE CARE AND CUSTODY OF
THE APPELLANT.
...APPELLANT
(BY SRI. P.N. HARISH., ADVOCATE)
AND:
1.
P.N. GOPALAKRISHNAIAH,
S/O LATE NARAYANAPPA,
AGED ABOUT 73 YEARS,
2.
SAVITHRAMMA,
W/O P N GOPALAKRISHNAIAH,
AGED ABOUT 63 YEARS,
BOTH ARE RESIDING AT YALDUR
VILLAGE AND POST - 563 138,
SRINIVASAPURA TALUK,
KOLAR DISTRICT
...RESPONDENTS
(BY SRI. GAJENDRA S., ADVOCATE FOR R1 AND R2)
THIS
MFA
IS
FILED
UNDER
SECTION
OF
GUARDIANS AND WARDS ACT, AGAINST THE JUDGMENT
AND DECREE DATED:04.11.2024 PASSED IN G AND WC
NO.9/2022 ON THE FILE OF THE COURT OF SENIOR CIVIL
JUDGE JMFC, CHINTHAMANI, DISMISSING THE PETITION
AND ALLOWING THE COUNTER CLAIM MADE BY THE
RESPONDENTS UNDER SECTION 7 AND 8 OF GUARDIANS
AND WARDS ACT.
HC-KAR
THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed under Section 47
(1) (a) of the Guardians and Wards Act, 1890 against the order dated 04.11.2024 passed by the Senior Civil Judge and JMFC, Chintamani in G & WC.No.9/2022, instituted by Smt.Padmavathamma, the maternal grand mother of Master Vankat.D and Master Nithin Sairam.D, two minor sons aged about 16 and 14 years respectively, who lost their parents on 24.05.2022, in a road traffic accident that occurred near Dodda Ganjur Village on Srinivasapura, Chintamani road.
2. The respondents are the grandparents of these two Wards whose custody, the appellant/petitioner sought by filing the Guardian and Wards case.
HC-KAR
3. The learned Guardians and Wards Court on the basis of the pleadings of the parties framed the following points for consideration: "1. Whether the petitioner proves that she has made out ground to be appointed as guardian of the minors till attaining majority?
2. Whether the respondents prove that they have made out ground to be appointed as guardian of the minors till attaining majority as sought in their counter claim?
3. What order?"
4. As noted the respondents are the paternal grandparents of the minors, and the grandfather working in a handloom and getting some income from the said work, they are better positioned and certainly entitled for the custody of the children on death of their son and daughter-in-law.
5. The appellant/petitioner who is grandmother has not been joined by her husband in the petition. She has not disclosed her income and sources for bringing up two minor grandsons.
HC-KAR
6. We, therefore, are of the view that the Guardians and Wards Court has correctly taken a view that it would be in the paramount interest of the minor sons of Late Dayananda Babu.P.G and Rajeshwari.S, to be with their grandparents, who are better placed to take care of their well being, education, as well as future.
7. The learned counsel for the respondents submits that respondents have no objection of the maternal grandparents' visiting the children, after due intimation at any point of time, and they will never object their interaction and visitation. It is further stated that two minors can also go with their maternal grandparents on Holidays and sometimes on Saturday/Sundays.
8. Considering the aforesaid facts, we dispose of these appeals and order as under:
(i) The permanent custody of Master Venkat.D and Master Nithin Sairam.D will be with respondents-paternal grandparents.
HC-KAR
(ii) The maternal grandparents may visit the Wards/minors on Saturday/Sundays with due intimation to the respondents-paternal grandparents.
(iii) The maternal grand parents may take the children to their home for 3-5 days/one week on long holidays and return the children to the respondent-paternal grandparents thereafter.
(iv) The maternal grandparents shall ensure that the study in the School of the Wards are not disturbed in any manner during their visit to the children.
(v) On festivals and birthdays etc., the maternal grandparents can visit the Wards and take them out for 5-6 hours.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 17 ct-vn