IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION (HC) NO.123 OF 2019 BETWEEN:
SRI YATI SHANKAR PANDEY SON OF PREM SHANKAR PANDEY, AGED ABOUT 34 YEARS, RESIDING AT FLAT NO.201, NASIR MANZIL, RAJIV GANDHI NAGAR, OPPOSITE: HOTEL SEVEN OLIVES, HSR LAYOUT, BENGALURU-560 102.
(BY SRI YOGESH G., ADVOCATE FOR SRI MOHAN KUMAR D., ADVOCATE) AND:
1. INSPECTOR GENERAL OF POLICE KARNATAKA STATE, NRUPATHUNGA ROAD, BENGALURU-560 001.
...PETITIONER 2. THE COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU CITY, BENGALURU-560 001.
3. THE POLICE SUB INSPECTOR HSR LAYOUT POLICE STATION, HSR LAYOUT, BENGALURU-560 102.
4. THE STATE OF KARNATAKA THE DEPARTMENT OF HOME, REPRESENTED BY SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
…RESPONDENTS (BY SRI S.V. GIRIKUMAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF HEBEAUS CORPUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO SECURE PRESENCE OF THE PETITIONER’S WIFE NAMELY DIVYA PANDEY AND PRODUCE HER BEFORE THIS HON’BLE COURT FORTHWITH WHO HAS BEEN MISSING BY ENTICED, ILLEGALLY DETAINED AND IN CUSTODY OF SOMEBODY AND ALLOW THIS WRIT PETITION WITH EXEMPLARY COSTS AND DAMAGES.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER In terms of the order dated 26-11-2019, Smt.Divya Pandey, is present in the Court. She has filed an affidavit. It is taken on record. She states that she is the wife of the petitioner and intends to live with him.
2. The communication made by her which is filed along with the status report to the effect that she is staying away on her on volition is withdrawn by her. She has stated that her parents tortured and threatened her and restrained her from going to Bengaluru and now she proposes to lead life with the writ petitioner who is her husband.
3. In view of the affidavits and the statement made in the open Court, the petition is dismissed.
The amount in-deposit shall stand appropriated to the State Government to defray the expenses.
Sd/- JUDGE Sd/- JUDGE Rsk/-