IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17256 OF 2018 (GM-RES) BETWEEN:
SMT.SWAPNA DAYANAND W/O DAYANAND AGED ABOUT 29 YEARS R/AT NO.221, YESHWANTH NAGAR DEVANAHALLI TOWN DEVANAHALLI BANGALORE RURAL DISTRICT – 562 110 … PETITIONER (BY SRI HEMANTH KUMAR D., ADVOCATE) AND:
SRI DAYANAND S/O ESHWARAIAH AGED ABOUT 40 YEARS R/AT NO.483, 2ND MAIN ROAD SOUNDARAYA LAYOUT SIDEDALLI, VAGASANDRA POST BANGALORE – 560 073 … RESPONDENT [(BY SRI JOSEPH ANTHONY, ADVOCATE C/R (ABSENT)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.03.2018 PASSED BY KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS VIDE ANNEXURE –D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri.Hemanth Kumar.D., learned Counsel for the petitioner.
None for the respondent.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner interalia seeks writ of certiorari for quashing the impugned order dated 21.03.2018 passed by the Karnataka State Commission For Protection of Child Rights, Bengaluru.
4. When the matter was taken up today, learned Counsel for the petitioner submitted that the Karnataka State Commission For Protection of Child Rights, Bengaluru, has no authority to issue directions with regard to custody and visitation rights of the minor and under the Act, it can only make recommendations.
5. I have considered the submission made by the learned Counsel for the petitioner and find that the controversy involved in the instant writ petition is squarely covered by order dated 27th March 2019 passed in W.P.No.51916/2017.
6. In view of the aforesaid submissions and in the light of the reasons assigned by this Court in W.P.No.51916/2017, the impugned order dated 21.03.2018 passed by the Karnataka State Commission For Protection of Child Rights, Bengaluru, cannot be sustained in the eye of law. Accordingly, it is quashed.
The petition is allowed accordingly.
Sd/- JUDGE KNM/-