IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH WRIT PETITION (HC) NO.80 OF 2019 BETWEEN:
HARSHA SWAROOP P NO.26, RV LAYOUT, RMV CLUSTERS PHASE-2, BENGALURU-560020.
... PETITIONER (BY SRI HARSHA SWAROOP P., PARTY-IN-PERSON) AND:
1. GOVERNMENT OF KARNATAKA THROUGH SECRETARY, HOME DEPARTMENT, KARNATAKA, VIDHANA SOUDHA, BENGALURU-560001.
2. NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS, CHANDERLOK 5TH FLOOR BUILDING 36, JANPAT ROAD, NEW DELHI-110001.
3. STATION HOUSE OFFICER PEENYA POLICE STATION, PEENYA INDUSTRIAL AREA, NEAR JALAHALLI, BENGALURU-560058.
4. BENGALURU COMMISSIONER OF POLICE NO.1, INFANTRY ROAD, BENGALURU-560001.
5. JAHNAVI JAIRAJ NO.598, NAWADWIP, 6TH CROSS ROAD, GRUHALAKSHMI LAYOUT, NAGASANDRA POST, BENGALURU-560073.
... RESPONDENTS THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS ORDERING AND DIRECTING THE RESPONDENT NOS.1 TO 4 TO RELEASE THE CUSTODY OF THE MINOR CHILDREN WHO ARE DETAINED IN THE HOUSE OF THE RESPONDENT NO.5 AND DIRECT THE RESPONDENT NOS.1 TO 4 HANDOVER THE CUSTODY OF THE CHILDREN MADHAVA SANKARSHANA.H AGED ABOUT 6 YEARS AND 9 MONTHS AND DAYANVITHA RADHIKA.H AGED ABOUT 4 YEARS AND 6 MONTHS TO THE PETITIONER (THE FATHER) WHO IS THE LAWFUL GUARDIAN AND IN THE BEST INTEREST OF THE CHILDREN'S EDUCATION, HEALTH, CULTURAL AND MORAL UPBRINGING AND DIRECT THE RESPONDENT NO.5 TO HAND OVER THE SCHOOL RELATED AND OTHER DOCUMENTS OF THE CHILDREN WHICH ARE IN THEIR CUSTODY TO THE PETITIONER TO PURSUE FUTURE WELFARE OF THE CHILDREN.
***** THIS WPHC COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER Heard the petitioner–party-in-person.
2. This petition is filed seeking for a writ of habeas corpus to direct respondent Nos.1 to 4 to release his minor children from the custody of respondent No.5. However, at para-11 of the petition, he has stated that he has filed a petition in G&WC No.20 of 2019, under Section-
25 of Guardian and Wards Act, seeking custody of the minor children, which is pending on the file of the Family Court at Bengaluru. Further, it is his plea that unnecessary adjournments are being granted by the Family Court, and hence the matter is being prolonged. Therefore, the instant petition requires to be entertained.
3. However, on hearing the petitioner–party-in- person, we do not find it expedient to entertain this petition. The petitioner has rightly filed a petition before the Family Court seeking custody of his children and hence, it is not for this court to consider the prayer for custody of the children. Therefore, we do not find it appropriate to entertain this petition for habeas corpus. However, we direct the trial court to consider the petition filed by petitioner–party-in-person as expeditiously as possible, without delay.
Petition is accordingly disposed off.
Sd/- Sd/-
JUDGE JUDGE JJ