IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 PRESENT THE HON’BLE MR. JUSTICE B.S.PATIL AND THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA W.P.H.C.No.32/2017 BETWEEN MRS. SAKSHI MITTAL, W/O MR.GAURAV RAJENDRA MITTAL, AGED ABOUT 32 YEARS, PERMANENTLY R/AT # 1132, IX MAIN, 17TH CROSS, SECTOR 7, HSR LAYOUT, BANGALORE 560102, NOW AT : FLAT # 104, V2, NIRVIK APARTMENTS, 13TH CROSS, SECTOR 5, HSR LAYOUT, BANGALORE, PINCODE 560102. ... PETITIONER (By Sri RANJITH SHANKAR V., ADV.) AND 1. THE STATE OF KARNATAKA, REP.BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME AND TRANSPORT DEPARATMENT, VIDHANA SOUDHA, BANGALORE, KARNATAKA 560001.
2. THE COMMISSIONER OF POLICE, BANGALORE CITY, BANGALORE, KARNATAKA 560001.
3. THE INSPECTOR OF POLICE, HSR LAYOUT POLICE STATION, HSR LAYOUT, BANGALORE, KARNATAKA 560102. ... RESPONDENTS (By Sri I.THARANATH POOJARY, AGA) THIS WPHC FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NO.01- NO.03 TO PRODUCE MASTER LAKSH MITTAL, NOW AGED 10 YEARS AND 05 MONTHS OLD, AND (B) A GIRL, NAMED MISS.PARINITI MITTHAAL, LAST KNOWN TO BE RESIDING AT NO.1132, IX MAIN, 17TH CROSS, SECTOR 7, HSR LAYOUT, BENGALURU, PIN CODE 560 102, WHO WERE LAST SEEN BY THE PETITIONER ON 21ST JANUARY, 2017, TO THE BEST OF THE KNOWLEDGE OF THE PETITIONER, BEFORE THIS HON'BLE COURT AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, MADE THE FOLLOWING:-
ORDER 1. In this writ petition petitioner is seeking a direction against respondents 1 to 3 – State, the Commissioner of Police, Bengaluru and the Inspector of Police, HSR Layout Police Station, Bengaluru, respectively to produce her son Master Laksh Mittal, aged about 10 years and 5 months and her daughter Kum. Pariniti Mittal, aged about 3 years and 11 months, before this Court.
2. It is the case of petitioner that the two children are born from the wed lock of petitioner with Sri Gaurav Mittal. However, Sri Gaurav Mittal is not made party respondent to this petition. It is also born out from the materials on record that petitioner has filed G & WC No.155/2016 which is pending on the file of the II Additional Family Court, Bengaluru. Order sheet of the case produced along with the petition discloses that matter was at one point of time referred for mediation to the Bangalore Mediation Centre but efforts made in the mediation have reportedly failed.
3. Grievance made by petitioner is that her husband - Sri Gaurav Mittal has forcibly taken the custody of the two children from petitioner and that though petitioner has made applications before the Family Court seeking appropriate directions to produce the children before the Court so as to enable the petitioner to have access to them and to take their custody, the Family Court has not considered the said applications. It is submitted that the matter is now adjourned to 13.03.2017 and in the interregnum, there is no arrangement made to enable the petitioner to see the child and to share her love and affection with them. It is, however, brought to our notice that the visitation arrangement made enabling petitioner to see the children every Saturday in the premises of Bangalore Mediation Centre has not been adhered to by her husband - Sri Gaurav Mittal since 21.01.2017.
4. Upon hearing the learned counsel for petitioner and the learned Additional Government Advocate, we are of the view that as the matter is seized by the Family Court in G & WC No.155/2016 and applications have been filed by petitioner, the matter has to be considered by the Family Court which is seized of the case. We hope and trust that the Family Court will make all efforts to consider the applications and dispose them of in accordance with law expeditiously. At this stage, we do not find it appropriate to entertain this petition.
5. Hence, petition is disposed of declining to interfere in the matter subject to the observations made above.
Sd/- JUDGE Sd/- JUDGE VP