IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION (HC) NO.104 OF 2019 BETWEEN:
SMT. KAVITHA WIFE OF LATE RAVI M.B., AGED ABOUT 28 YEARS, RESIDING AT NO.10, KASTURI SHAMANNA COMPOUND, NEAR ANNAMMA TEMPLE, SHAKTHINAGAR, BENGALURU-560 016.
(BY SMT. S. SUMATHI, ADVOCATE FOR SRI SURYA PRAKASH A.M., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, LAW AND ORDER, VIDHANA SOUDHA, BENGALURU-560 001.
...PETITIONER 2. THE SUPERINTENDENT OF POLICE OFFICE OF THE S.P., HASSAN DISTRICT-573 142.
3. INSPECTOR OF POLICE ARAKALGUD RURAL POLICE STATION, MAGGEKAVALU VILLAGE, ARAKALGUD TALUK, HASSAN DISTRICT-573 142.
…RESPONDENTS (BY SRI S.V. GIRIKUMAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTIONS OR ORDER IN THE NATURE OF HABEUS CORPUS DIRECTING THE RESPONDENT TO PRODUCE THE MINOR CHILD MICHAEL.M.R BEFORE THIS HON’BLE COURT AND TO THE CUSTODY OF PETITIONER I.E., THE NATURAL GUARDIAN AND ISSUE ANY OTHER WRIT, DIRECTION OR ORDER AS THIS HON’BLE COURT DEEMS FIT AND NECESSARY, IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking a writ of habeas corpus to direct production of the minor child of the petitioner.
2. An Affidavit is filed by the Circle Inspector of Police, Arakalgud Circle, Hassan District. He has stated that after the death of the petitioner’s husband, the child is under the care and custody of his paternal grandparents, namely, the parents of the father. That the petitioner after the death of her husband, has not visited the child at all.
3. Be that as it may, in view of the report submitted, as well as the accompanying Annexures, we do not find that the child is in illegal custody. The child is in the custody of his paternal grandparents. However, the petitioner is always entitled in law to initiate appropriate proceedings to seek custody of the minor child in the manner known to law. Hence, the petition is dismissed.
Sd/- JUDGE Sd/- JUDGE JJ