IN THE HIGH COURT OF KARNATAKA, 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.(HC) No.17/2017 BETWEEN:
VISH, 9/2 ROSE/MESTYLE LANE, RICHMOND TOWN, BANGALORE – 25. ... PETITIONER (BY SRI: VISH (PARTY-IN-PERSON)) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOME, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.
2. STATION HOUSE MASTER, YELAHANKA NEW TOWN POLICE STATION, BANGALORE.
3. ELDERS HELPINE 1090 NO.1, INFANTRY ROAD, OFFICE OF THE COMMISSIONER OF POLICE, BANGALORE.
4. SURESH (Y T SURESH KUMAR) NO.20, ‘EDIFICE’ ROW HOUSE (TEMPLE TREE), BETWEEN YELAHANKA CIRCLE AND DODDABALLAPUR, OPP. NCC APARTMENTS. ... RESPONDENTS (BY SRI: I. THARANATH POOJARY, ADDL. GOVT. ADVOCATE FOR R-1 & R-2; VIDE ORDER DATED 10/02/2017 NOTICE TO R- 3 IS NOT NECESSARY) ***** THIS W.P.(HC) UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, IS FILED BY THE PETITIONER (PARTY-IN-PERSON) PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO ISSUE A WRIT IN THE NATURE OF HABEUS CORPUS BY SECURING THE PRESENCE OF THE PETITIONERS SISTER ASHA AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, B.S.PATIL J., MADE THE FOLLOWING:
O R D E R This petition is filed by one Sri Vish, seeking issue of a writ in the nature of habeas corpus and secure the presence of his sister Aisha before this court alleging that she has been illegally detained by her husband-Suresh/respondent No.4 herein.
2. As it was contended before this court, that Smt. Aisha, sister of petitioner was ailing and was in forcible custody of her husband against her will, we thought it just and appropriate to direct learned Addl. Government Advocate to take notice and verify regarding petition averments and allegations made.
3. Learned Government Advocate has secured the presence of Smt. Aisha-sister of the petitioner. She is present before the court. To our query, Smt.Aisha categorically states that she has not been forcibly detained by her husband and that she has no difficulty whatsoever in the matter.
4. We are satisfied that there is no such illegal detention of Smt. Aisha by her husband. Hence, we do not see any substance in this writ petition. Accordingly, writ petition is dismissed.
5. At this stage, a letter dated 15/5/1982 is sought to be produced before this court by the petitioner, which was addressed to her parents to contend that even at that time, during the year 1982 she had made it clear that she was not safe in the company of her husband.
6. We are afraid, we cannot act on the basis of the letter dated 15/5/1982 to record a finding that Smt. Aisha has been forcibly and illegally detained by her husband. There is no substance in the letter. We refuse to take the said letter on record as the same is not relevant document. Petition is dismissed.
Sd/- JUDGE Sd/- JUDGE S*