IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28643 OF 2016 (GM-FC) BETWEEN:
Mr. ASANTHADAKA ANDUKUNHI BEARY S/O MOHAMMED NEARY AGED ABOUT 44 YEARS R/AT. ASANTHADKA HOUSE BALNADU VILLAGE BELIYURKATTE POST PUTTUR TALUK [D.K.] 574321.
(By Mr. KASHINATH J.D. ADV., (ABSENT)) AND:
Mrs. SAFINA D/O K. YUSUFF AGED ABOUT 28 YEARS R/AT. NEAR UPPINANGADI MUTT BALANDU VILLAGE BELIYURKATTE POST PUTTUR TALUK [D.K.] 574321.
(By Mr. NATARAJA BALLAL, ADV., (ABSENT)) - - -
… PETITIONER … RESPONDENT This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned order dated 5.5.2016 passed in G & WC No.7/2015 vide Annexure-A passed by the learned District Judge (Vacation Court) at Mangalore pending on the file of learned Family Judge at Mangalore is illegal and remand the matter to court of the learned Family Judge at Mangalore to consider the interim custody by considering the subsequent unrespectable events which are adversely affect the interest of the petitioner child namely Mohammed Dilwar & etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER None for the parties. Record perused.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 05.05.2016 by which notice was issued to the Station House Officer, Sampya Police Station, Puttur, to produce the child of the respondent. A Bench of this Court, by an order dated 21.06.2016, had declined to grant the interim prayer. Therefore, nothing survives for adjudication in this writ petition.
Accordingly, the petition is dismissed as infructuous.
Sd/- JUDGE RV