Karnataka High Court

MFA/805/2022 of SRI ROHIT MANJUNATH BALEKUNDRI Vs SMT NANDINI @ AKSHATHA D G (DIVORSEE) on 8 June 2026

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NC: 2026:KHC:27354-DB MFA No. 805 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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. 805 OF 2022 (GW) BETWEEN: 1. SRI ROHIT MANJUNATH

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH 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. 805 OF 2022 (GW)

BETWEEN:

1.

SRI ROHIT MANJUNATH BALEKUNDRI

@ MANJUNATH BALEKUNDI

S/O SRI VEERANNA BALEKUNDI

AGED ABOUT 42 YEARS

JOB PRIVATE EMPLOYEE

R/AT NO.44 C/O K RAJASHEKAR

7TH MAIN 4TH CROSS

SUBBANNA GARDEN

NEAR SHANESHWARA TEMPLE

BENGALURU 560 040

…APPELLANT

(BY SRI. ROHIT MANJUNATH BALEKUNDRI - PARTY IN PERSON)

AND:

1.

SMT NANDINI @ AKSHATHA D G (DIVORCEE)

W/O SRI ROHIT MANJUNATH BALEKUNDRI

(DIVORCED)

D/O SRI D P GANGADHARAPPA

AGED ABOUT 34 YEARS

#3428, C61, 62, 62A

PANCHASANGAMA

NEAR SAPTHAGIRI HOSTEL

BASAVESHWARA NAGAR

DAVANAGERE 577 006

…RESPONDENT

(BY SRI. PURUSHOTHAMMA.H.F., ADVOCATE FOR

SRI. GODACHI BASAVARAJ GODACHAYYA., ADVOCATE)

Digitally

signed by

VASANTHA

KUMARY B

K

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

THIS MFA IS FILED UNDER SECTION 47(a) THE

GUARDIANS AND WARDS ACT, 1890, AGAINST THE JUDGMENT

AND

DECREE

DT.04.12.2021

PASSED

IN

G

AND

WC

NO.06/2018 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANGERE, DISMISSING THE PETITION FILED UNDER

SECTION 6(a) OF THE HINDU MINORITY AND GUARDIANSHIP

ACT, 1956 R/W SECTION 7 OF THE GUARDIANS AND WARDS

ACT, 1890.

THIS APPEAL, 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(a) of the Guardians and Wards Act, 1890 impugning the judgment and decree dated 04.12.2021 in G and W.C.No.6/2018 passed by the Family Court, Davangere.

2. The Family Court has rejected the claim of the petitioner for custody of the child, Shubham @ Ganesh

HC-KAR

born out of the wedlock dated 02.01.2012. The petitioner has been given visitation rights vide impugned judgment and order dated 04.12.2021 to meet and interact with the child and take the child for outing and spend time with him on first Sunday of every month between 10:00 a.m. till 5:00 p.m. in the office of and under the Supervision of the Child Welfare Committee, Davanagere with prior intimation to the respondent and to her convenience.

3. The appellant, appearing as Party-in-person submits that the custody ought to have been given to him. He also submits that despite the order passed by the Family Court, the appellant now has been denied the right to visit the child.

4. Be that as it may, the child is now over 14 years of age, the appellant has liberty to move the Court under the Guardians and Wards Act, 1890 seeking modification of the order, if he is so advised.

HC-KAR

5. With the aforesaid liberty, the appeal is disposed of.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

RKA List No.: 1 Sl No.: 9

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