Writ petition filed for custody of minor child dismissed as infructuous. Court found the child had been returned to the petitioner, causing the cause to no longer survive.
Writ petition dismissed as infructuous.
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NC: 2024:KHC:19576-DB WPHC No. 37 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION HABEAS CORPUS NO. 37 OF 2024
BETWEEN:
MANSEE THARD, AGED ABOUT 44 YEARS, W/O NIKHIL THARD RESIDING AT MAHOGANY A 24/34, TATA SHERWOOD, VIBHUSTIPURA EXTENSION, DODDANANEKUNDI, BENGALURU - 560 037.
…PETITIONER
(BY SRI. MAHABALESH PATIL, ADVOCATE FOR SMT. RESHMA KHANUM,ADVOCATE)
Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:19576-DB WPHC No. 37 of 2024
MARATHAHALLI, BANGALORE - 560 037.
RESIDING AT C6, B BLOCK 5TH FLOOR, MAITREE APARTMENTS, 6TH MAIN ROAD, MALLESHWARAM BENGALURU - 560063
…RESPONDENTS
(BY SRI. B.A. BELLIAPPA, SPP A/W SRI. ANOOP KUMAR, HCGP FOR R1 - R3)
THIS WRIT PETITION HABEAS CORPUS IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE RESPONDENT NO.4 TO PRODUCE AND R2 AND R3 TO RELEASE THE MINOR CHILD FORM THE FORCEFUL CUSTODY OF A MENTALLY UNSOUND RESPONDENT NO.4 /FATHER AND GRANT BACK THE CUSTODY OF THE CHILD TO THE MOTHER/ PETITIONER WHERE THE WELFARE OF THE CHILD IS ENSURED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, DR. CHILLAKUR SUMALATHA, J. , MADE THE FOLLOWING:
ORDER
Heard Sri.Mahabalesh Patil, learned counsel who argued on behalf of Smt.Reshma Khanum, learned counsel on record for the petitioner. Learned SPP who is representing respondent Nos.1 to 3 is present. Similarly Sri.Amit Mandagi who is representing respondent No.4 is also present.
NC: 2024:KHC:19576-DB WPHC No. 37 of 2024
custody of the writ petitioner and thus the cause as of now does not survive.
infructuous.
Sd/JUDGE
Sd/JUDGE
NS CT:TSM List No.: 1 Sl No.: 12
Mansee Thard
State of Karnataka
Commissioner of Police
Station House Officer
Mr. Nikhil Thard
K. Somashekar
Dr. Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
