IN THE COURT OF THE ________ JUDGE, FAMILY COURT,

BENGALURU

In the matter of the Hindu Minority and Guardianship Act, 1955

and
In the matter of custody of the minor

G & WC No. ______ /2024

Between:

Sri. Santhh D,
Son of Sriwda,
aged about 37 years,
now residing at No. 5, 11th Cross,
Bangaluru 5600, Petitioner

And:

Smt. Soanya,
wife of Sri Santhosh,
D/o Sah
Aged about years,
residing at and Post,
luk,
Ramara Dist,
Karataka, 56211,

Sri. Shivamadaiah,
Father of Sowjanya
aged about 6 years,
residing at Ganost,
Kanaapa Talk,
Ramanra Dist,
Karanataka, 5621,

Smt. Rathma,
wife of Shiadaiah,
Mother of Sonya,
aged about 4years,
residing at illage and Post,

Ramana Dist,
Karanataka 562117, Respondent

PETITION

UNDER SECTION 7 AND 26 OF GUARDIANSHIP AND WARDS ACT, 1890, READ

WITH ORDER VII RULE 1 OF CIVIL PROCEDURE CODE, 1908, UNDER CLAUSE
(c) OF SUB-SECTION (1) OF SECTION 7 OF THE FAMILY COURT ACT, 1984

The petitioner states as under: -

1. His address is as shown in the cause title and that of his counsel
No 396, , 8th cross, Bangaluru 560003.
The address of the respondent is as shown in the cause title and is correct.

2. The petitioner and the respondent are husband and wife. They are
Hindus. They have begotten a son named anthosh, on 14/03/2022, aged
about 2. Years 7 month, who is hereinafter referred to as the Said Minor Child.
3. The petitioner, who is the biological father of the Said minor child, is her
natural guardian under section 6(a) of the Hindu Minority and Guardianship
Act, 1955, and the respondent has the custody of the person of the said minor
child and is keeping her at residing at Post, , Ramanagara Dist., 562117.

4. The respondent, who is the mother of the said minor child, resides at the
address in the cause title. The next near relations of the said minor child are
the maternal grandfather Sri Shivamadaiah, son of Sri late M S Lokesh, aged
about 64 years, maternal uncle Sri. Prasanth kumar, aged about 22 years, and
maternal aunt, and grandma Shwetha and shilpa all residing at 7,

5. Though the respondent is having custody of the Said Minor Child, the
environment at her place of residence and the likely manner in which she may
bring up the Said Minor Child is not in the best interests of the welfare of the
Said Minor Child and is not conducive to its healthy physical and mental
development. The respondent is not fit to have the custody of the said minor
child. It is imminent that the said minor child be removed from the custody of
the respondent and given to the care and custody of the petitioner for the
following reasons:-

(1) The marriage between the petitioner and the respondent was
solemnized on 12/03/2021 at “BASAVAANJANEYA Kalyan Mantap” , . on 19th
April 2021 in accordance with the Hindu customs and rituals in the presence
of side parents, friends and well-wishers.
according to Hindu rituals applicable to their community. Their marriage,
which was an arranged one, The Petitioner submits that the marriage between
petitioner and respondent, had been arranged through petitioner brother-in-
law Raghu swamy, (sister’s husband) and four other village elders who were
present at that
time of the marriage negotiations Chwda Miganahalli, Jagadesh beelikoor,
Kumar H Kothnur, Ramalin gow, V.R.Dokarura, (T). It is further submitted that
the petitioner himself took initiative to arranged for the marriage expesnaes
 in view of the financial condition of the respondent parents and spent Rs.10
lakhs for the marriage, and had given gold and silk sarees to the respondent
and has not received any amount from the respondent family as marriage
expenses or dowry. Hindu Marriage Act, 1955, The petitioner has produced
herewith the marriage invitation card as Annexure 1.

(2) The petitioner and the respondent have begotten the Said Minor Child
who is aged 14/03/202, aged about Years 7 month, as of date. The petitioner
has produced herewith the birth certificate and Aadhaar card of the Said Minor
Child as Annexure 2.

(3) After the marriage, the petitioner submits that the petitioner and the
respondent lived together for only two to three months with respondent not
happily. It is further submitted that the respondent was the rd
daughter in the
family. Respondent parents and three daughter and one son there behave like
gundas and arrogantly the family without culture always very greedy and
money minded persons, and being a vagabond and the respondent’s parents
also behave like worst and they behave badly.

(4) The petitioner submits that it has been almost 10 months since
respondent deserted the petitioner, when respondent had left the home
without informing the petitioner and while leaving the house she had taken
away the Gold weighing 10grams and cash of Rs.4,0,000/- which the petitioner
had kept at home to arrange a house for lease. The petitioner further submits
that the said amount was arranged by the petitioner taking hand loan and gold
loan, and respondent without informing petitioner which she has taken away
illegally. The petitioner further states that it has been a habit, for respondent
that she has several times

without informing petitioner has gone to stay in her parents’ house and after
panchayath petitioner would bring her and the child but respondent has done
this for 7 to 8 times. petitioner further states that respondent have been
 brought (called) again and again after Nyaya panchayat in front of village
elders and leaders, yet again and again respondent have been deserting
petitioner without any valid reasons, this time respondent have left the house
pre planed and taking gold and cash with respondent. petitioner has also had
been heard the reason behind you every now and then deserting petitioner
with an intention to have illegal relationship with your paramour

(5) The petitioner submits that since the respondent had no love and affection
and every time for silly reasons, he used to take a chance to kick and beat her.
It is further submitted that the respondent and his family. hat from the date of
marriage respondent were very negligent and very careless towards petitioner
which had resulted in shattering the dreams of petitioner who had great
expectation from respondent to lead a happy family life and he was under the
impression that respondent would be a caring and loving wife. petitioner
further submitted that though petitioner was always compromising with
respondent and your nature and behaviour.

(6) The petitioner submits that the cause of action for the petition arose on
19.04.2021, when the marriage of the petitioner and the respondent took place,
on number of occasions when the respondent has treated the petitioner with
utmost cruelty, and on various dates when the petitioner was subjected to
mental torture

(7) The petitioner submits that from day one respondent were very disappointed
with the marriage and your behaviour looked as if respondent had been forcefully
got married to petitioner. It is further submitted that the respondent was not
washing the clothes of petitioner and also respondent was not coking food or
serving the same to petitioner. It is further submitted that the petitioner himself
had to bring food to the respondent to her bed room. It is further submitted that
though the respondent was very adamant in nature the petitioner was always
compromising with the respondent’s attitude. It is further submitted that the
petitioner further submitted that whenever the petitioner would advise the
respondent to mend her behaviour she would discuss the same with her mother
and always acted upon her advice and make calls to her mother for each and
every silly things and the respondent always followed the footsteps of her
mother and her family members and honour their illegal advice and try to take
control on the petitioner and wanted to show her egoistic character over the
petitioner.

(8) The petitioner submits that since from date of marriage the respondent’s
father or mother never came to petitioner house as relatives, and they had never
come to petitioner house or enquired in respect of petitioner or his family
members. It is further submitted that in view of the in-compatible behaviour of
the respondent the parents of the respondent were summoned to advise
respondent at that point of time her parents without advising the respondent,
they had suggested the respondent that if she is not interested to stay with
petitioner to accompany them to their house for which without informing the
petitioner respondent along with her belongings including the gold armaments
given by petitioner family left in March 2023. It is further submitted that the
petitioner further submits that though petitioner family members and also other
elders in the family persuaded respondent and her family members not to take
respondent from the matrimonial house which was in vain since the respondent
and her mother were not in a position to listen to the advice of the elders or the
family members.

(9) The petitioner submits that the petitioner has also completely broken ties
with his family and his father and with great anticipation had been with
respondent, but the respondent has been very negligent based on the illegal
advise of her family members and refused to come and join petitioner. It is
further submitted that the Petitioner further submits that since the respondent
have illicit relationship with her paramour which is resulted in the respondent
have deserted the petitioner since 10 months without any love and affection
which itself goes to show that the conduct towards her marital life, even though
the respondent has been very negligent against petitioner, with love and
affection towards respondent and the child, forgetting all the past bad incidents
the petitioner was ready to take respondent back without any conditions, but the
respondent failed to rejoin the petitioner.

(11) The petitioner and his mother and brother went to the house of the
respondent's parents and tried to convince her to return home. The petitioner,
being a loving and affectionate husband, literally begged the respondent to come
back, all the more so as she was mother and needed tender care. The petitioner
almost lost his mind when the respondent, while refusing to join him, told him
that she had a miscarriage. The petitioner suspected that her father and mother
and brother and sisters were playing with petitioner life for the sake of property
and money; he tried his best to convince her but she did not budge. He felt that
she was mortally afraid of her father and brother. The petitioner and his mother
and brother had to return disappointed and disheartened.

(12) While the respondent was staying in her father's house, she would call the
petitioner secretly saying that her father and brother were not allowing her to
return to the petitioner's house or letting her speak to him; she would request
the petitioner to follow whatever her father and brother told him until she could
convince them to let her live peacefully with the petitioner. She would manage to
get out of her father's house and meet the petitioner secretly; they would go to a
5 Star hotel to eat and shop for things she needed. Since the petitioner had
nothing but absolute love her, he let her have her way.

(13) The mother and the brother of the petitioner learnt of the situation of the
petitioner and they once again went to the house of the respondent's father and
requested them to send the respondent back to her matrimonial home, but he
told them that the petitioner should get an order from the Court to take her
home and that he would give all the points which were to be included in the
petition for restitution of conjugal rights. The petitioner agreed to it and the
respondent herself came to the lawyer's office and gave instructions for drafting
the petition. Eventually, 29 January 2022. the petitioner filed M.C No. 631/2022 in
this Hon'ble Court. The case was settled through mediation on 21 February 2022.
(14) The respondent rejoined the petitioner on 10 March 2022 and both of them
were trying to live happily, but interference of the father and the brother of the
respondent did not cease; in fact, it became more intense and more frequent so
much so that she would be stressed, moody and tensed; she would pick quarrels
for no reason and, sometimes, she would be so aggressive that the petitioner
would have tremendous difficulty in calming her down. To

divert her mind and make her happy, the petitioner took the respondent to Trivik
Resort, Chikamore, on May 02,
[2:19 pm, 19/09/2024] Thz life s ur alms AmmA🧎🏾‍♂️👏🏻: 2022. While returning
back from there to Bangalore the petitioner

used the respondent's phone to make a call; at that moment, her

father sent her a message on WhatsApp: the petitioner told her that

she had a message from her father and she asked him to read it

out, when he opened the message to read the recent message, he saw old chats
between the respondent and her father, he was curious to read it because the
chat exchange between her and her father was at the time when she was staying
with her father in the same house, so stared to read it and saw a tablet name
mentioned in the message he was curious to know what was it and asked the
respondent why her father has sent a tablet name and what is for? The
respondent started to flatter with fear and started crying, the petitioner googled
the tablet's name and came to know that the tablet was taken for aborting the
baby in the mother's womb. The patitioner was shattered and was very angry he
could not control his emotions and pain to know that the respondent and her
father planned and aborted the first baby. He asked her what it was all about and
she confessed that that her father had insisted upon her to divorce the petitioner
and to abort the baby; the petitioner recorded the conversation on his mobile. He
tried to make her
understand that her father and brother were greedy and were

spoiling her and the petitioner's family and happiness only for the

sake of the property. Though the respondent was convinced, she

was still under the spell and influence of her father and brother. The

petitioner was heipless

(15) Putting past the aforesaid incident, the petitioner tried to lead a peaceful life
with the respondent but, on 5 May 2022, the respondent again left the house of
the petitioner and went to her father's house and sent a legal notice for divorce
by mutual consent on 11 May 2022. The petitioner and his mother and brother
again went to the house the respondent's father for a panchayat and the
petitioner had to beg them all over again. Realising that all this was happening
only because of the ancestral property, he told the respondent to release her
share in the ancestral property. Ultimately, she executed the release deed dated
28 September 2022 in favour of her father and brother The petitioner thought
that

Am
[2:19 pm, 19/09/2024] Thz life s ur alms AmmA🧎🏾‍♂️👏🏻: from then, at least, he
and the respondent could lead a peaceful life.

(16) The petitioner and the respondent planned to build their own

house for their residence. The petitioner had a site at Tumkur and they decided
to construct a house on that site so that the petitioner could take care of his
agricultural land and his social work in Tumkur. The petitioner took a bank loan
and started construction of the house as per the desire and liking of the
respondent. Everything was going smoothly and both were happy. (17) The
respondent became pregnant for the second time and the petitioner and his
mother were very happy and both of them were taking complete care of her. By
this time, the construction of the house was over and the petitioner and the
respondent conducted "Gruhapravesha" of their new house on January 22, 2023.

(18) As soon as the father and brother of the respondent came to know of the
respondent's pregnancy, they started their game again as this child would have
share in the ancestral property and started poisoning the mind of the
respondent. Strangely, the respondent kept what was going on between her and
her father and brother a concealed from the petitioner, she continued to be
cordial and caring towards the petitioner. On 30 March 2023, the petitioner came
to Bangalore for some work and the respondent was frequently calling him and
sending WhatsApp messages with full of love, asking about his lunch and what
he was doing; she also gave a list of things to bring from Bangalore. As usual, the
petitioner went to a shop and called the respondent if she needed anything more
and, to his surprise, her mobile was switched off; he checked the CCTV installed
at the house; even though the camera was off, the petitioner came to know that
the respondent had once again left the house without telling him. He also learnt
that the respondent had filed a false complaint against the petitioner with
Kamakshipalya Police who registered a case in Crime No.0141/2023 for offences
punishable under sections 498A, 323 and 506 of the Penal Code,
1860, dated 31/03/2023. The petitioner was upset, and felt betrayed by the
respondent and filed a complaint against the respondent and her father in New
Extension Police Station, Tumkur, who registered a case in Crime No. 0027/2023
for offenses punishable under sections 420, 504, 506 and 34 of the Penal Code,
1860, dated 10/04/2023.

(19) The petitioner was concerned about the baby in the womb of the
respondent; he was afraid that the respondent, her father and her brother might
harm the baby although she was in an advanced stage of pregnancy. He tried to
contact the respondent and her father. This time, neither the respondent nor her
father allowed the petitioner or his mother or brother to meet them. Instead, on
13 April 2023, the respondent filed a petition for divorce under section 13(1)(ia)
of the Hindu Marriage Act, 1955, in M.C. No. 2461/2023 in this Hon'ble Court,
with false allegations against the petitioner, manipulating the real facts and
making him seem to be a culprit. The petitioner did not file his written statement
as he wanted to keep the channel for reconciliation ope arrival of the baby was
nearing. pen, more so as as the date of

(20) The petitioner and his mo nother once again decided to beg the respondent
and her father with a view to save the child. The father and the brother of the
respondent hid her. The petitioner did not know where she had been secreted.
Despite this, the respondent would call the petitioner and would speak to him
with love and would say that everything would be fine soon but she never
disclosed where she was. The petitioner did not know what to do; all he wanted
was the safety of the respondent and the child; he kept acting according to the
respondent's commands. The respondent would ask the petitioner to get things
for her and instruct him to leave the same at Hotel Pavitra Paradise,
Basaveshwarnagar, Bangalore, from where she would have these picked up
through Dunzo, a courier. As the petitioner was bent upon saving his marriage
and the child, he did not venture to find her location or whereabouts.
when she would get admitted to hospital for delivery of the baby. On August 02,
2023, morning, the respondent called the petitioner's mother and told her that
she was getting into admitted to the Hospital for delivery, on the same day
around late evening 11. 20 pm, the respondent gave birth to the Said Minor
Child; the petitioner and his mother ventured to go to the hospital at the time of
delivery, saw the baby a short time after its birth. The respondent sister Smt.
Gangana. K., and her father shouted at the respondent about why she had
informed the petitioner and his mother about the birth of the child. On getting
discharged from the hospital, the respondent went to her mother's place. Her
parents and brother did not allow the petitioner or his mother to go and see the -
baby.

(22) On 18 September 2023, the respondent's mother passed away. The

respondent's sister-in-law did not permit the respondent to come near her own
mother's dead body and illtreated her. The respondent's father, brother and other
relatives were not cordial to her. The petitioner, who was present in the funeral,
saw all this and helped the respondent to see her mother's face. After the
funeral, the petitioner took the respondent and the Said Minor Child to his house
at Tumkur and began rebuilding his life his life with them.

(23) The police of New Extension Police Station, T, saw the petitioner and the
respondent were living cordial and filed a B- report on 19/10/2023. The petitioner
didn't challenge the -report as he thought his family life would go smoothly. On
02 November 202, the respondent settled the false M.C. No. 24023 before the
Lok Adalath. She wanted to withdraw Crime No.014/2023, but as she was busy
with the care of the Said Minor Child, she could not file an application for
withdrawal of her complaint; the petitioner did not demand of her in that regard
as they were leading a cordial and happy life.

(24) On May 04, 2024, the petitioner was going to Bangalore for some work the
respondent gave him a list of grocery items to bring home, she constantly was in
touch with the petitioner when he was
whereabouts and lunch. The petitioner wen listed and he called his wh the items
that the respondent had liste the nore, but to his surprise the respondent if she
needed anything more respondent's mobile was switched off, the petitioner
wanted to check if everything was fine at home and he checked the web camera
for his surprise all web house was switched camera of the ho off, he realised that
once again the respondent, without any reason or provocation, left the house of
the petitioner taking with her the Said Minor Child. She didn't leave a small hint
to the petitioner that she, her father, her sister and her brother had planned
something like this. Just the previous day, the petitioner and the respondent had
discussed and planned for the naming ceremony of the Said Minor Child and the
respondent had sent him a list of the things needed for the naming ceremony.
The petitioner was in a great emotional shock. Once again the petitioner his
mother and his brother tried to get in touch with the respondent but the
respondent, her father, her sister, her brother, and sister-in-law have not allowed
the petitioner or his mother to see the Said Minor Child on her first birthday. But
the petitioner's mother somehow convinced the respondent and her father and
met the respondent and the said minor child in a coffee day. in , Bangalore. The
petitioner doesn't know where the respondent and the said minor child is
residing. As the Said Minor Child has a right by birth in the ancestral property,
the respondent's father and her brother may put it's life in grave danger. Going
by the conduct of the respondent, her father, and her brother, there is a real and
palpable threat to the life of the Said Minor Child.

to bring

(25) The petitioner is tired of this hide and seek game of the respondent and her
father and brother. He is sick with fear for the Said Minor Child's safety and
upbringing. He wants to save, protect and care for the Said Minor Child, his
precious daughter. The said wuor child with the puptions pou 19/09/2083 to
our/os/20an and the positionen har laken care of his daughter sluce to 9 months.
The repondent has to Len away wa 1 and half months to y to sard must child
thou the petitious The petitious hard weland (26) If the respondent, only on
account of being the custodian of

immessed allachousut the Said Minor Child is

and

daughts and can't to Said I've without het.

allowed to exercise that right and keep the

Minor Child away from the petitioner, who is its natural

[2:22 pm, 19/09/2024] Thz life s ur alms AmmA🧎🏾‍♂️👏🏻: guardian, its future will be
in jeopardy and, even if they allow it to osphere to become vitiated, vicious
atmosp survive, it will grow up in a viti a psychologically twisted and Interests of
the welfare of the ed ind troubled idual. It is not in the Individ Said Minor Child
that the respondent should be allowed to be her custodian. It is only the
petitioner who is best suited to have absolute and exclusive custody of the Sald
Minor Child and he needs to be given such custody of the Said Minor Child
without further loss of time.

6. In the circumstances, the only recourse open to the petitioner is to approach

this Hon'ble Court for grant of exclusive custody of the Said Minor Child with
liberty to take the Said Minor Child out of the jurisdiction of this Hon'ble Court
and out of India. Hence, the petitioner has filed this petition. H undertakes to
abide by such conditions as this Hon'ble Court may impose while granting the
relief prayed for herein.

7. No other guardian of the person or property, or both, of the said minor child
has been appointed by any person entitled or claiming to be entitled by the law
to which the minor is subject to make such an appointment

8 No application has at any time been made to this Hon'ble Court or to any other
Court with respect to the guardianship or custody of the person or property, or
both, of the Said Minor Child.

9.

This Hon'ble Court has jurisdiction to entertain this petition as the

Said Minor Child is residing with the respondent at her address shown in the
cause title, within the City of Bangalore.

in child

WHEREFORE the petitioner prays this Hon'ble Court to be pleased

to-

(a) remove his daughter Goi Mraj, a minor, now aged 01 year, from the custody
of the respondent,
(b) grant and give the petitioner the custody of Go Mtaj, a minor, now aged 01
year,
[2:23 pm, 19/09/2024] Thz life s ur alms AmmA🧎🏾‍♂️👏🏻: (c) grant such other
relief's as the Hon'ble Court deems fit, in the circumstances of the case,

for the ends of justice.

Petitioner

Advocate for the petitioner

VERIFICATION

1. Muth. T., the petitioner herein, do hereby solemnly declare that the statements
made above are true and correct to the best of my knowledge, information and
belief.

Bengaluru, 20 August 2024.

Petitioner