Writ petition under Articles 226/227 for habeas corpus seeking release of child from custody of father's siblings. Court held habeas corpus is not suitable for visitation disputes; petitioner relegated to Family Court. Petition disposed of with contentions kept open.
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NC: 2023:KHC:37063-DB WPHC No. 93 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
W.P.H.C. NO.93 OF 2023
BETWEEN :
MRS. NASEEMA BANU W/O SYED ASHRAF AGED ABOUT 59 YEARS PERMANENT RESIDENCE AT #23, NICHE MOHALLA TADSA VILLAGE, BHADRAVATI SHIVAMOGGA–577 229 …PETITIONER
(BY MR. SYED SHUJATH MEHDI, ADVOCATE)
AND :
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
RESPONDENTS NO.1 TO 6 ARE RESIDING AT # 358 SHAMIYAN MOHALLA, DAIRA CHANNAPATNA TOWN RAMANAGARA DISTRICT-562 160
RESPONDENTS NO.7 TO 9 ARE REP. BY SPP, HAVING OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP. TO VIDHANA SOUDHA
BANGALORE–560 001 …RESPONDENTS
(BY MR. NAVEED AHMED, ADVOCATE FOR R1 TO R6; MR. ANOOP KUMAR, HCGP FOR R7 TO R9)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING FOR AN ORDER OR DIRECTION MORE IN THE NATURE OF WRIT OF HABEAS CORPUS, DIRECTING THE RESPONDENT NO.9 TO PRODUCE THE PETITIONERS MINOR GRANDSON-THE DETENUE BY NAME SYED KHUNDMEER NAQHI (D.O.B. 19.10.2016) BEFORE THIS HON’BLE COURT FORTHWITH FROM
NC: 2023:KHC:37063-DB WPHC No. 93 of 2023
THE CUSTODY OF RESPONDENTS NO.1 TO 6 AND AN ORDER OR DIRECTION MORE IN THE NATURE OF WRIT OF HABEAS CORPUS, DIRECTING THE RELEASE OF THE DETENUE NAMELY MASTER. SYED KHUNDMEER NAQHI (D.O.B. 19.10.2016), WHO IS UNDER THE ILLEGAL DETENTION AND UNLAWFUL CUSTODY OF THE RESPONDENTS NO.1 TO 6 AT PRESENT AND SET HIM AT LIBERTY BY GIVING HIS LAWFUL CUSTODY TO THE PETITIONER.
THIS WPHC, COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER
Heard Shri. Syed Shujath Mehdi, learned Advocate for the petitioner, Shri. Naveed Ahmed, learned Advocate for respondents No.1 to 6 and Shri. Anoop Kumar, learned HCGP for respondents No.7 to 9.
NC: 2023:KHC:37063-DB WPHC No. 93 of 2023
is made out to show that the child is in illegal custody of the child’s father’s brother and sister. However, during the course of hearing, it was submitted that petitioner would be satisfied if visitation rights are granted.
4. This being Habeas Corpus case, without touching
the merits so far as visitation right is concerned, petitioner is relegated to the Family Court to work out her remedies.
Petition is accordingly disposed of .
All contentions of parties are kept open.
No costs.
Sd/JUDGE
Sd/JUDGE
SPS List No.: 1 Sl No.: 21
2 issues framed by the court
Whether the High Court should exercise writ jurisdiction to grant visitation rights via habeas corpus in a custody dispute involving relatives.
Whether the petitioner must approach the Family Court for custody/visitation remedies instead of filing this writ petition.
MRS. NASEEMA BANU
MR. SYED JAVEED
MRS. SYEDA BUSHRA
MR. SYED MUJAHID
MR. SYED ATAN ROOHI
MS. SYEDA FAZILATH MEHDI
P.S.DINESH KUMAR
T.G. SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
