IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 12th DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WRIT PETITION (HABEAS CORPUS) NO.133 OF 2017 BETWEEN:
MR SHIVANANJAPPA S/O H S JAGADISH AGED 31 YEARS, R/AT HEGGERRE HEGGERE (POST) TURUVEKERE (TALUQ) TUMAKURU (DISTRICT) ... PETITIONER (By Sri: MALLE GOWDA H P, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU.
2. THE DEPARTMENT OF HOME MINISTER REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU.
3. THE DEPUTY SUPERINTENDENT OF POLICE KUNIGAL, TUMAKURU (DISTRICT) 4. THE INSPECTOR OF POLICE DANDINASHIVARA POLICE STATION TUMAKURU (DISTRICT) TURVEKERE (TALUQ) 5. THE INSPECTOR OF POLICE ANDANKERE POLICE STATION CHIKKANAYAKANAHALLI (TALUQ) TUMAKURU (DISTRICT) 6. MRS ANITHA W/O OMKAR MURTHY AGED MAJOR, R/AT KENGALAPURA ANDANKERE HOBLI CHIKKANAYAKANAHALLI (TALUQ) TUMAKURU (DISTRICT) 7. MR OMKAR MURTHY AGED MAJOR R/AT KENGALAPURA ANDANKERE (HOBLI) CHIKKANAYAKANAHALLI (TALUQ) TUMAKURU (DISTRICT) ... RESPONDENTS (By SRI: E.S.INDIRESH, AGA) THIS WRIT PETITION (HABEAS CORPUS) FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO TRACE THE WHEREABOUTS OF THE PETITIONER WIFE/DETENUE AND TO PRODUCE HER BEFORE THIS HON'BLE COURT IN PERSON BY ISSUING A WRIT OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER OR DIRECTION.
****** THIS WRIT PETITION (HABEAS CORPUS) COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The petitioner seeks for a Writ of Habeas Corpus to produce his wife Smt. Chaitra(detenue). It is his case that they were married on 01.10.2017 and thereafter, she is living with her parents and has not come back to him.
2. The learned Additional Government Advocate, who accepts notice for the respondents submits that Smt. Chaitra(detenue) is aged about 20 years as on date. He has filed a photostat copy of the Aadhaar card in support of the same. On instructions, he submits that Smt. Chaitra(detenue) does not intend to go with the petitioner.
3. In view of the submissions being made by Smt.
Chaitra in the open Court, the petitioner submits that he would seek appropriate relief in a manner known to law.
4. In view of the submissions made by both sides and the statement of the detenue in the Court, the petition is dismissed.
Learned Additional Government Advocate to file memo of appearance within four weeks.
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JUDGE JUDGE *mn/-