IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MAY, 2019 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. JUSTICE S.G. PANDIT W.P.H.C. No.65 OF 2019 BETWEEN:
S. Bhudh Ram S/o Sona Ram Aged about 22 years R/a No.878, Opposite to Diary, Mirza Road, Anekal Taluk, Bengaluru District-562 106. ... Petitioner (By Sri. Mahesha .B.C, Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Department of Home Ministry, Vidhana Soudha, Bengaluru-560 001.
2. The Commissioner of Police, Infantry road, Bengaluru District, Bengaluru-560 001.
3. Inspector of Police Giri Nagar Police Station, Bengaluru.
4. Vinoth Kumar S/o Shanmugam, Aged about 25 years, No.38, Balaji Nagar, Railway Station Road, Hosur-635 102, Krishnagiri, Tamilnadu.
5. N. Srinivas Aged about 46 years S/o Nagaraj, No.185, 3rd Floor, Chamundi Nagar, Bengaluru-560 085, 6. Lakshmi, Aged about 40 years, W/o N. Srinivas, No.185, 3rd Floor, Chamundi Nagar, Bengaluru-560 085. ... Respondents (By Sri. S.V.Girikumar, AGA for R1 to R3) This WPHC is filed under Articles 226 and 227 of the Constitution of India, praying to issue writ in the nature of Habeas Corpus, directing the respondents 2 and 3 to cause production of petitioner’s wife Smt. Kiran .B from the illegal custody of the 4th, 5th and 6th respondents and to hand over the said detenues to the custody of the petitioner by setting them at liberty from the illegal confinement.
This WPHC coming on for Preliminary Hearing this day, S.Sujatha J., passed the following:
ORDER The petitioner has sought for a writ of habeas corpus, directing respondent Nos.2 and 3 to cause production of petitioner’s wife Smt. Kiran B., from the illegal custody of respondent Nos.4 to 6 and to handover the detenue to the custody of the petitioner.
2. The petitioner claims that he is the husband of detenue Smt. Kiran B., and the detenue has been kidnapped by respondent Nos.4 to 6 and now is in their illegal custody/detention.
3. The detenue/Smt. Kiran B., has been produced before the Court by the jurisdictional Police.
4. Smt. Kiran B., would submit that she is a major and in support of the same, Aadhaar card is also placed before us. It is further submitted that she has married respondent No.4 on 11.03.2019 and the said marriage has been registered under the prevailing rules and copy of the certificate of registration of marriage registered before the Marriage Registrar, Hosur dated 07.05.2019 has been placed before us. It is further submitted by the detenue that she has been happily married with respondent No.4 on her volition without any coercion from respondent Nos.4 to 6 and now residing with respondent No.4 at the matrimonial place at Hosur. The petitioner as well as her parents are unnecessarily disturbing her marital life with respondent No.4 by filing frivolous complaints and petitions before the police and the Court, which she has to face in addition to the social stigma attached to it. Accordingly, she pleads that the writ petition be dismissed and allow her to live peacefully with respondent No.4.
5. Respondent No.4-Sri. Vinoth Kumar S., is also present before the Court and assures that he will take care of his wife.
6. We have placed the submissions of the detenue/Smt. Kiran B., and her husband respondent No.4 on record. The documents placed before us by the detenue supports her submissions.
In view of the aforesaid, the writ petition does not survive for consideration. Accordingly, the writ petition stands dismissed.
Sd/- JUDGE Sd/- JUDGE MBM