IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION (HEABEAS CORPUS) NO.118 OF 2019 BETWEEN:
MRS. DEEPA SHREE W/O. PRADEEP M.G. AGED ABOUT 37 YEARS OCC: SENIOR H.R.
R/AT NO.84/2, 4TH MAIN ROAD 6TH CROSS, CHAMARAJPET BENGALURU-560 018.
(BY SRI.M.R. BALAKRISHNA,ADVOCATE) AND:
... PETITIONER 1. THE GOVERNMENT OF KARNATAKA REPERESENTED BY ITS HOME SECRETARY VIDHANA SOUDHA BENGALURU-560 001.
2. THE DIRECTOR GENERAL & INSEPCTOR GENERAL OF POLICE NRUPATHUNGA ROAD BENGALURU-560 002.
3. THE COMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD BENGALURU-560 001.
4. THE STATION HOUSE OFFICER MAHILA POLICE STATION BASAVANAGUDI WEST ZONE BASAVANAGUDI BENGALURU-560 070.
5. SRI PRADEEP.M.G. S/O. GOPALA KRISHNA AGED ABOUT 38 YEARS OCC: SENIOR TECHNICAL WRITER LINQUENT COMPANY R/AT. NO.2055, CAMPING GROUNDS VIVEKNAGAR, BANGARPET KOLAR DIST.,563 114.
... RESPONDENTS THIS W.P.(H.C.) IS FILED UNDER ARTICES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENT NO.4 TO PRODUCE THE PETITIONER’S MINOR CHILD BY NAME TEJAS PRADEEP FROM THE ILLEGAL DETENTION/CUSTODY OF RESPONDDENT NO.5 FORTHWITH BEFORE THIS HON’BLE COURT AND HANDOVER THE MINOR CHILD TO THE CUSTODY OF THE PETITIONER.
THIS W.P.(H.C.) COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This writ petition is filed seeking a writ of habeas corpus directing the 4th respondent to produce the minor child of the petitioner from the illegal detention/custody of the 5th respondent.
2. Learned Counsel for the petitioner submits that the 5th respondent has taken away the child illegally and hence, pleads for the writ of habeas corpus.
3. On considering the contentions of the learned Counsel for the petitioner, we do not find it appropriate to issue the writ of habeas corpus. The 5th respondent is, admittedly, the father of the child. The petitioner is the mother. When the child is in the custody of the father, it cannot be said that the child is in illegal detention/custody.
4. Therefore, the writ petition is dismissed.
However, liberty is reserved to the petitioner to seek the custody of the child by availing the other remedies open to her, but not through a petition for habeas corpus.
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JUDGE JUDGE Cs/-