IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1773 OF 2019 (GM-RES) BETWEEN:
SMT SUMA H P W/O RAMU P B AGED ABOUT 34 YEARS RESIDING AT NO.3874 13TH MAIN, 2ND STAGE KUMARASWAMY LAYOUT BANGALORE-560078.
(By Mr. B.C. VENKATESH, ADV.) AND:
1. KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS HAVING ITS OFFICE AT 4TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD RANI CHENNAMMA CIRCLE BENGALURU-560002 REP BY ITS CHAIRPERSON.
2. THE CHAIRPERSON … PETITIONER DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, HOSUR ROAD, DR M MARIGOWDA ROAD WILSON GARDEN, NEAR KIDWAI HOSPITAL BENGALURU-560027.
3. SRI RAMU P B S/O BETTEGOWDA AGED ABOUT 40 YEARS, RESIDING AT NO.453 2ND FLOOR, KUMARASWAMY LAYOUT BANGALORE-560078.
4. THE PRINCIPAL SECRETARY WOMEN AND CHILD WELFARE DEPARTMENT VIDHANA SOUDHA BANGALORE.
IMPLEADED V.C.O DT: 17-1-2019.
… RESPONDENTS (By Mr. Y.D. HARSHA, AGA FOR R4 R1 & R2 SERVED THROUGH HAND SUMMONS UNREPRESENTED V/O DATED 8/2/2019 NOTICE TO R3 HELD SUFFICIENT) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY R-1 IN ITS ORDER DATED 5.1.2019 AT ANNEX-A. GRANT ANINTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE IMPUGNED ORDER PASSED BY R-1 IN ITS ORDER DATED 5.1.2019 AT ANNEX-A & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.C.Venkatesh, learned counsel for the petitioner.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent No.4.
Heard.
For the reasons assigned in the order dated 07.02.2019 passed in W.P.No.1372/2019, the impugned order is hereby quashed. Needless to state that the issue with regard to custody of the child shall be dealt with by the Family Court expeditiously and in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS