IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION (HC) NO.144 OF 2019 BETWEEN:
SRI FAIROZ PASHA SON OF SRI BAISAB AGED ABOUT 26 YEARS RESIDING AT NO.32, 5TH MAIN PALACE GUTTAHALLI MALLESHWARAM BENGALURU-560 003 PRESENTLY AT NO.7, 1ST FLOOR 6TH MAIN, D.B. STREET PALACE GUTTAHALLI MALLESHWARAM BENGALURU-560 003.
(BY SRI: NARAYAN M.N., ADVOCATE) ...PETITIONER AND:
1. STATION HOUSE OFFICER ANNAPOORNESHWARI NAGAR POLICE STATION BENGALURU-560 091.
2. STATION HOUSE OFFICER VYALIKAVAL POLICE STATION BENGALURU.
3. SRI MAHANTHA RAJU AGED ABOUT 60 YEARS RESIDING AT DOOR NO.133 1ST A MAIN, HEALTH LAYOUT ANNAPOORNESHWARI NAGAR BENGALURU-560 091.
4. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001.
… RESPONDENTS (BY SRI: S.V.GIRIKUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R1, R2 & R4) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE ORDERS AS THE CASE MAY BE DIRECTING THE RESPONDENTS HEREIN TO TRACE OUT SMT. CHANDANA M. THE WIFE OF THE PETITIONER AND PRODUCE HER BEFORE THIS HON’BLE COURT AND TAKE ACTION AGAINST SUCH PERSON.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed seeking for a writ of Habeas Corpus directing the respondents to trace out the wife of the petitioner.
2. The wife of the petitioner Smt.Chandana M, is present in the Court. Her father respondent No.3 is also present. On questioning, she submits that she is a major. That she does not intend to stay with the petitioner.
3. In view of the submissions made by her, we do not find that the writ of Habeas Corpus should be granted. She being an adult is entitled to lead her life as she intends and she cannot be compelled to go with the petitioner.
Hence, the petition is dismissed.
Sd/- JUDGE Sd/- JUDGE *bgn/-