Disposed¶286

Sri. B Ravindra v. the Chief Secretary

Karnataka HC2 Jun 2025WP/19006/2024

Case brief

AI extract

What is this about?

Six GM-RES writ petitions, Karnataka HC, order dated 02.06.2025 by S.R. Krishna Kumar J: children previously in St. Gregorios Dayabhavan Centre, Tumakuru directed to continue in petitioners' custody; six-monthly production before Karnataka Mediation Centre, Bangalore for five years; liberty to formalise adoption; child-welfare custody disposal under Articles 226/227.

What did the court decide?

Children directed to continue in the care and custody of the petitioners, who are to take good and proper care; petitioners to produce the children every six months for five years before the Karnataka Mediation Centre, Bangalore; liberty to respondents to take appropriate action in accordance with law on default; liberty to petitioners to formalise adoption; Rs.5,000/- payable by each petitioner to Ms. Reshma Thammaiah. ¶286

Sri. B Ravindra Vs the Chief Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶286

Issue for consideration

Whether the respondent authorities should be directed, by way of a writ of mandamus, to consider and dispose of in accordance with law the petitioners' representations (Annexure A1 to A8) seeking return of the children from the 8th respondent Centre. +1 more

¶190

Court's answer

The petitions are disposed of.

¶286

Ratio / Principle

Having regard to the interim orders and the submissions made, the Court found that the petitioners have been taking good and proper care of the children; nothing further survived in the petitions, which deserved disposal by directing that the children continue in the custody of the respective petitioners subject to conditions.

¶283

Key takeaways

The children in question are directed to continue to remain in the care and custody of the petitioners, who are directed to take good and proper care of them.ratio¶288
The petitioners shall produce the children every six months for a period of five years before the Karnataka Mediation Centre, Bangalore, on dates to be fixed by their counsel after duly notifying the respondents and Ms. Reshma Thammaiah.ratio¶289

Detailed headnote1 paragraphs

High Court of Karnataka (S.R. Krishna Kumar, J.), oral order dated 02.06.2025 disposing six writ petitions (GM-RES) - W.P.Nos. 19006, 19025, 19027, 19029, 19031 and 19034 of 2024 - filed under Articles 226 and 227 of the Constitution by six petitioners (B. Ravindra, Vijay T.R., Manjunath, S.H. Kavitha, Gayathri R. and A.H.M. Nagarathna) seeking directions to the State authorities and the 8th respondent child-care centre (St. Gregorios Dayabhavan, Tumakuru) to consider their representations for return of the children in the centre's care. Pursuant to interim orders from 18.07.2024 (children retained with the centre with daily visitation; trial custody handed to the petitioners on 27.07.2024 subject to an affidavit of undertaking and periodic examination/reports by the District Child Protection Officer, the Investigating Officer and court-appointed counsel Ms. Reshma Thammaiah), the Court found that the petitioners had been taking good and proper care of the children and disposed of the petitions directing that the children continue in the petitioners' custody; petitioners to produce the children every six months for five years before the Karnataka Mediation Centre, Bangalore; liberty to respondents to take appropriate action in accordance with law on default; liberty to petitioners to pursue formal adoption; Rs.5,000/- payable by each petitioner to Ms. Reshma Thammaiah.

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JUNE, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶7

WRIT PETITION NO. 19006 OF 2024 (GM-RES)

¶8

C/W

¶9

WRIT PETITION NO. 19025 OF 2024 (GM-RES) WRIT PETITION NO. 19027 OF 2024 (GM-RES) WRIT PETITION NO. 19029 OF 2024 (GM-RES) WRIT PETITION NO. 19031 OF 2024 (GM-RES) WRIT PETITION NO. 19034 OF 2024 (GM-RES)

¶10

IN WP No. 19006/2024

¶11

BETWEEN:

¶12

Digitally signed by CHANDANA B M Location: High Court of Karnataka

¶13

SRI. B RAVINDRA SON OF LATE BHASKAR, AGED ABOUT 41 YEARS, NO 95/1, ALUR ROAD, MAKALI POST, DASANAPURA HOBLI, BANGALORE – 562 123.

¶14

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

¶15

AND:

¶16

…PETITIONER

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THE CHIEF SECRETARY GOVERNMENT OF KARNAKA,

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ROOM NO. 320, 3^RD FLOOR, VIDHANASOUDHA,

¶19

BANGALORE – 560 001.

¶20

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECOND FLOOR, MS BUILDING,

¶21

DR. B.R. AMBEDKAR VEEDHI,

¶22

BANGALORE – 560 001.

¶23

2 - NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶24

HC-KAR

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DIRECTORATE OF CHILD PROTECTION, THIRD FLOOR, VISHVESHVARAIAH MINI TOWER, DR.B.R.AMBEDKAR VEEDHI,

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BANGALORE – 560 001.

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THE SECRETARY, KARNATAKA STATE COMMISSION FOR THE PROTECTION OF CHILD RIGHTS, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD,

¶28

BANGALORE – 560 002.

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THE CHAIRPERSON, DIRECTORATE OF CHILD PROTECTION,

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SRIRRANGA, SHANKARANAGAR, HALLEPALYA POST, THIPATURU, TUMKURU – 572 202.

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OFFICE OF THE SUPERINTENDENT OF POLICE B.H ROAD, ASHOKA NAGAR,

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TUMAKUR – 572 103.

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INSPECTOR OF POLICE GUBBI POLICE STATION, GUBBI,

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TUMKUR – 572 216.

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ST. GREGORIOS DAYABHAVAN BHAKTHARAHALLI POST, VANIGERE VILLAGE, KUNIGAL TALUK, TUMKUR – 572 120.

¶36

…RESPONDENTS

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(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R7)

¶38

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES HEREIN TO CONSIDER THE REPRESENTATIONS DATED 12.07.2023 FILED BY THE PETITIONER HEREIN VIDE ANNEXURE-A1 TO A8 TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶40

¶41

HC-KAR

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IN WP NO. 19025/2024

¶43

BETWEEN:

¶44

SRI VIJAY T R AGED ABOUT 45 YEARS, SON OF SRI. T R RAMAMURTHY, PARIJATHA COFFEE WORKS, HULIYAR, CHIKKANAYAKANAHALLI, TUMKUR – 572 218.

¶45

...PETITIONER

¶46

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

¶47

AND:

¶48

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA,

¶49

ROOM NO. 320, 3^RD FLOOR,

¶50

VIDHANASOUDHA,

¶51

BANGALORE – 560 001.

¶52

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECOND FLOOR, MS BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001

¶53

DIRECTORATE OF CHILD PROTECTION, THIRD FLOOR, VISHVESHVARAIAH MINI TOWER, DR.B.R.AMBEDKAR VEEDHI,

¶54

BANGALORE – 560 001.

¶55

THE SECRETARY, KARNATAKA STATE COMMISSION

¶56

FOR THE PROTECTION OF CHILD RIGHTS, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE – 560 002.

¶57

THE CHAIRPERSON, DIRECTORATE OF CHILD PROTECTION, SRIRRANGA, SHANKARANAGAR, HALLEPALYA POST, THIPATURU,

¶58

TUMKURU – 572 202.

¶59

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¶60

HC-KAR

¶61

OFFICE OF THE SUPERINTENDENT OF POLICE B.H ROAD, ASHOKA NAGAR,

¶62

TUMAKUR – 572 103.

¶63

INSPECTOR OF POLICE GUBBI POLICE STATION, GUBBI, TUMKUR – 572 216.

¶64

ST. GREGORIOS DAYABHAVAN BHAKTHARAHALLI POST, VANIGERE VILLAGE, KUNIGAL TALUK, TUMKUR – 572 120.

¶65

...RESPONDENTS

¶66

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R7)

¶67

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES HEREIN TO CONSIDER THE REPRESENTATIONS DATED 16.07.2024 FILED BY THE PETITIONER HEREIN VIDE ANNEXURE-A1 TO A8 AND TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.

¶68

IN WP NO. 19027/2024

¶69

BETWEEN:

¶70

SRI MANJUNATH AGED ABOUT 49 YEARS, SON OF LATE B H KRISHNAPPA, NO. 557 (OLD 37/2), 40 FT. ROAD, SINGAPURA LAYOUT, VIDYARANYAPURA POST, BANGALORE – 560 097

¶71

...PETITIONER

¶72

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

¶73

AND:

¶74

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, ROOM NO. 320, 3^RD FLOOR, VIDHANASOUDHA, BANGALORE – 560 001

¶75

¶76

NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶77

HC-KAR

¶78

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECOND FLOOR, MS BUILDING,

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DR. B.R. AMBEDKAR VEEDHI,

¶80

BANGALORE – 560 001.

¶81

DIRECTORATE OF CHILD PROTECTION, THIRD FLOOR, VISHVESHVARAIAH MINI TOWER, DR.B.R.AMBEDKAR VEEDHI,

¶82

BANGALORE – 560 001.

¶83

THE SECRETARY, KARNATAKA STATE COMMISSION FOR THE PROTECTION OF CHILD RIGHTS, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE – 560 002.

¶84

THE CHAIRPERSON, DIRECTORATE OF CHILD PROTECTION, SRIRRANGA, SHANKARANAGAR, HALLEPALYA POST, THIPATURU,

¶85

TUMKURU – 572 202

¶86

OFFICE OF THE SUPERINTENDENT OF POLICE B.H ROAD, ASHOKA NAGAR,

¶87

TUMAKUR – 572 103.

¶88

INSPECTOR OF POLICE GUBBI POLICE STATION,

¶89

GUBBI, TUMKUR – 572 216.

¶90

ST. GREGORIOS DAYABHAVAN BHAKTHARAHALLI POST, VANIGERE VILLAGE, KUNIGAL TALUK, TUMAKURU – 572 120

¶91

...RESPONDENTS

¶92

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R7)

¶93

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES HEREIN TO CONSIDER THE REPRESENTATIONS AND POSTAL RECEIPTS DATED 16.07.2024 FILED BY THE PETITIONER HEREIN VIDE ANNEXURE-A1 TO A8 AND TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶95

¶96

HC-KAR

¶97

IN WP NO. 19029/2024

¶98

BETWEEN:

¶99

SMT. S H KAVITHA WIFE OF SRI MAHANTHE GOWDA AGED ABOUT 40 YEARS SANEHALLI, BELUR TALUK, HALEBIDU HOBLI, HASSAN – 572 218.

¶100

...PETITIONER

¶101

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

¶102

AND:

¶103

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA,

¶104

ROOM NO. 320, 3^RD FLOOR,

¶105

VIDHANASOUDHA,

¶106

BANGALORE – 560 001

¶107

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECOND FLOOR, MS BUILDING,

¶108

DR. B.R. AMBEDKAR VEEDHI,

¶109

BANGALORE – 560 001.

¶110

DIRECTORATE OF CHILD PROTECTION, THIRD FLOOR, VISHVESHVARAIAH MINI TOWER, DR.B.R.AMBEDKAR VEEDHI,

¶111

BANGALORE – 560 001.

¶112

THE SECRETARY, KARNATAKA STATE COMMISSION

¶113

FOR THE PROTECTION OF CHILD RIGHTS,

¶114

KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE – 560 002.

¶115

THE CHAIRPERSON, DIRECTORATE OF CHILD PROTECTION, SRIRRANGA, SHANKARANAGAR, HALLEPALYA POST, THIPATURU, TUMKURU – 572 202

¶116

NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶117

¶118

HC-KAR

¶119

OFFICE OF THE SUPERINTENDENT OF POLICE B.H ROAD, ASHOKA NAGAR,

¶120

TUMAKUR – 572 103.

¶121

INSPECTOR OF POLICE GUBBI POLICE STATION,

¶122

GUBBI, TUMKUR – 572 216.

¶123

ST. GREGORIOS DAYABHAVAN BHAKTHARAHALLI POST, VANIGERE VILLAGE, KUNIGAL TALUK, TUMAKURU – 572 120

¶124

...RESPONDENTS

¶125

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R7)

¶126

¶127

IN WP NO. 19031/2024

¶128

BETWEEN:

¶129

SMT. GAYATHRI R W/O SRI LAKSHMINARAYANA, DABBEGHATTA DODDERI HOBLI, MADHUGIRI TALUK, S M GOLLAHALLI, TUMKUR – 572 112.

¶130

...PETITIONER

¶131

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

¶132

AND:

¶133

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA,

¶134

ROOM NO. 320, 3^RD FLOOR, VIDHANASOUDHA,

¶135

BANGALORE – 560 001

¶136

8 - NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶137

HC-KAR

¶138

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECOND FLOOR, MS BUILDING,

¶139

DR. B.R. AMBEDKAR VEEDHI,

¶140

BANGALORE – 560 001.

¶141

DIRECTORATE OF CHILD PROTECTION, THIRD FLOOR, VISHVESHVARAIAH MINI TOWER, DR.B.R.AMBEDKAR VEEDHI,

¶142

BANGALORE – 560 001.

¶143

THE SECRETARY, KARNATAKA STATE COMMISSION FOR THE PROTECTION OF CHILD RIGHTS, KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD,

¶144

BANGALORE – 560 002.

¶145

THE CHAIRPERSON, DIRECTORATE OF CHILD PROTECTION, SRIRRANGA, SHANKARANAGAR, HALLEPALYA POST, THIPATURU,

¶146

TUMKURU – 572 202

¶147

OFFICE OF THE SUPERINTENDENT OF POLICE B.H ROAD, ASHOKA NAGAR, TUMAKUR – 572 103.

¶148

INSPECTOR OF POLICE GUBBI POLICE STATION,

¶149

GUBBI, TUMKUR – 572 216.

¶150

ST. GREGORIOS DAYABHAVAN BHAKTHARAHALLI POST, VANIGERE VILLAGE, KUNIGAL TALUK, TUMAKURU – 572 120

¶151

...RESPONDENTS

¶152

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R7)

¶153

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES HEREIN TO CONSIDER THE REPRESENTATIONS DATED 16.07.2023 FILED BY THE PETITIONER HEREIN VIDE ANNEXURE-A1 TO A8 AND TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

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¶156

HC-KAR

¶157

IN WP NO. 19034/2024

¶158

BETWEEN:

¶159

SMT A H M NAGARATHNA WIFE OF LATE BHASKAR, AGED ABOUT 42 YEARS, JCR BADAVANE, FIRST MAIN, SECOND CROSS, JAGALUR POST, BANGALORE – 577 528.

¶160

...PETITIONER

¶161

(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)

¶162

AND:

¶163

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA,

¶164

ROOM NO. 320, 3^RD FLOOR,

¶165

VIDHANASOUDHA,

¶166

BANGALORE – 560 001

¶167

DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECOND FLOOR, MS BUILDING,

¶168

DR. B.R. AMBEDKAR VEEDHI,

¶169

BANGALORE – 560 001.

¶170

DIRECTORATE OF CHILD PROTECTION, THIRD FLOOR, VISHVESHVARAIAH MINI TOWER, DR.B.R.AMBEDKAR VEEDHI,

¶171

BANGALORE – 560 001.

¶172

THE SECRETARY, KARNATAKA STATE COMMISSION

¶173

FOR THE PROTECTION OF CHILD RIGHTS,

¶174

KRISHI BHAVAN, HUDSON CIRCLE, NRUPATHUNGA ROAD, BANGALORE – 560 002.

¶175

THE CHAIRPERSON, DIRECTORATE OF CHILD PROTECTION, SRIRRANGA, SHANKARANAGAR, HALLEPALYA POST, THIPATURU, TUMKURU – 572 202

¶176

10 - NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶177

HC-KAR

¶178

OFFICE OF THE SUPERINTENDENT OF POLICE B.H ROAD, ASHOKA NAGAR,

¶179

TUMAKUR – 572 103.

¶180

INSPECTOR OF POLICE GUBBI POLICE STATION, GUBBI, TUMKUR – 572 216.

¶181

ST. GREGORIOS DAYABHAVAN BHAKTHARAHALLI POST, VANIGERE VILLAGE, KUNIGAL TALUK, TUMAKURU – 572 120

¶182

...RESPONDENTS

¶183

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R7)

¶184

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES HEREIN TO CONSIDER THE REPRESENTATIONS AND POSTAL RECEIPTS DATED 12.07.2024 FILED BY THE PETITIONER HEREIN VIDE ANNEXURE-A1 TO A8 AND TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.

¶185

THESE PETITIONS, COMING ON FOR FURTHER HEARING , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶186

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶187

ORAL ORDER

¶188

In W.P.No.19006/2024, petitioner seeks for the following

¶189

reliefs:

¶190

“I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 12.07.2023 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law.

¶191

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

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HC-KAR

¶194

II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.”

¶195

In W.P.No.19025/2024, petitioner seeks for the following

¶196

reliefs:

¶197

“I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 16.07.2023 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law.

¶198

II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.”

¶199

In W.P.No.19027/2024, petitioner seeks for the following

¶200

reliefs:

¶201

“I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations and postal receipts dated 16.07.2024 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law.

¶202

II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.”

¶203

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

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HC-KAR

¶206

In W.P.No.19029/2024, petitioner seeks for the following

¶207

reliefs:

¶208

“I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 16.07.2024 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law.

¶209

II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.”

¶210

In W.P.No.19031/2024, petitioner seeks for the following

¶211

reliefs:

¶212

“I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 16.07.2023 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law.

¶213

II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.”

¶214

In W.P.No.19034/2024, the petitioner seeks the following

¶215

reliefs:

¶216

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¶217

HC-KAR

¶218

“I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations and postal receipts dated 12.07.2024 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law.

¶219

II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.”

¶220

Heard learned counsel for the petitioners and learned

¶221

AGA for the respondents and perused the material on record.

¶222

A perusal of the material on record will indicate that before filing of the present petitions, the children in question were in care and custody of the 8^th respondent - Centre at Tumakuru and the petitioners having submitted representations requesting the concerned respondents to hand over children in question back to the petitioners having not been complied with by the respondents, petitioners are before this Court by way of the present petitions seeking the aforesaid reliefs.

¶223

When the matter came up before this Court on 18.07.2024, this Court passed the following order:-

¶224

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶226

HC-KAR

¶227

“Learned AGA accepts notice for respondent Nos.1 to 7 and seeks time to obtain instructions.

¶228

Issue emergent notice to respondent No.8. In addition, petitioner is permitted to take out hand summons to respondent No.8.

¶229

Re-list on 25.07.2024.

¶230

In the meanwhile, respondent Nos.1 to 8 are directed not to allot or part-with the child in question to anyone else and to retain the child with respondent No.8 till the next date of hearing.

¶231

In addition thereto, respondent Nos.1 to 7 and respondent No.8 are directed to co-ordinate with each other and permit the petitioner to visit the child presently in the custody of respondent No.8, on daily basis from 9 A.M. to 6 P.M., till the next date of hearing.

¶232

Hand delivery of this order is permitted.”

¶233

Subsequently, further interim orders have been passed by

¶234

this Court on various occasions, which are as under:-

¶235

Dated : 25.07.2024

¶236

“Heard in-part.

¶237

2. On 18.07.2024, this Court passed the following

¶238

interim order:-

¶239

Learned AGA accepts notice for respondent Nos.1 to 7 and seeks time to obtain instructions.

¶240

Issue emergent notice to respondent No.8. In addition, petitioner is permitted to take out hand summons to respondent No.8.

¶241

Re-list on 25.07.2024.

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NC: 2025:KHC:18583 WP No. 19006 of 2024 C/W WP No. 19025 of 2024 WP No. 19027 of 2024 AND 3 OTHERS

¶243

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¶244

HC-KAR

¶245

In the meanwhile, respondent Nos.1 to 8 are directed not to allot or part-with the child in question to anyone else and to retain the child with respondent No.8 till the next date of hearing.

¶246

¶247

3. Learned counsel for the petitioner submits that during the course of visitation as permitted by this Court in the aforesaid interim order, the child of the petitioner who has already developed bonding / attachment with the petitioner and spouse, indicated reluctance to stay in the 8th respondent – Centre any longer and wanted to return to the care and custody of the petitioner and the spouse and as such, it is necessary that the child is returned to the care and custody of the petitioner and spouse.

¶248

4. Per contra, the said request / submission of the petitioner is seriously opposed by Sri.K.S.Harish, learned Government Advocate and Sri.Sudev Hegde, learned Addl. Government appearing for respondents 1 to 8.

¶249

5. In view of the aforesaid facts and circumstances and the tender age of the child who was in custody of the petitioner till recently when the child was removed from the custody of the petitioner and handed over to the 8th respondent - Centre, by way of an interim arrangement and without prejudice to the rights and

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¶251

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¶252

HC-KAR

¶253

contentions of the parties and subject to further orders of this Court and on a trial basis and in the peculiar / special facts and circumstances of the instant case and having regard to the well settled principle that it is the welfare of the child, who has received their love and affection is of paramount consideration, I deem it just and appropriate to direct custody of the child to be handed over by the 8th respondent – Centre to the petitioner and spouse on 27.07.2024 by imposing certain conditions in this regard.

¶254

6. In the result, I make the following interim arrangement, which shall remain in force till the next date of hearing as under:-

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(i) Respondents 1 to 8 are hereby directed to hand over custody of the minor child to the petitioner and spouse on 27.07.2024 at 11 a.m. at the 8th respondent – Centre in the presence of the District Child Protection Officer, Tumakuru as well as the Investigating Officer, Gubbi Police Station, Tumakuru.

¶256

(ii) The petitioner and spouse shall be entitled to retain custody of the child till the next date of hearing.

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(iii) The petitioner and spouse shall present the child before the 8th respondent – Centre on 31.08.2024, on which day, the aforesaid District Child Protection Officer and the Investigating officer along with learned counsel, Ms.Reshma Thammaiah shall examine and interact with the child as well as the petitioner and spouse and

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HC-KAR

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submit a joint report in this regard by the next date of hearing.

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(iv) The petitioner and spouse shall file an Affidavit of Undertaking on or before 27.07.2024 before this Court to the effect that they will not remove the child from his / her respective localities till the next date of hearing that they shall be responsible for the wellbeing of the child and that they shall not claim any equities in this regard.

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(v) The petitioner and spouse shall pay a sum of Rs.10,000/- to Ms. Reshma Thammaiah, learned counsel towards her valuable assistance.

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Re-list on 02.09.2024 for further hearing at 2.30 p.m.”

¶265

Dated: 02.09.2024

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“Pursuant to the order dated 25.07.2024, the petitioner and the spouse presented the child before 8th respondent – Centre on 31.08.2024, on which date, the District Child Protection Officer and the Investigating Officer along with learned counsel, Ms. Reshma Thammaiah examined and interacted with the child as well as the petitioner and spouse and reports in this regard have been filed by both the aforesaid District Child Protection Officer and the Investigating Officer as well as by learned counsel before this Court.

¶267

The aforesaid reports are placed on record.

¶268

The following interim arrangement, shall continue to remain in force till the next date of hearing:-

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HC-KAR

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(i) The petitioner and spouse shall be entitled to retain custody of the child till the next date of hearing.

¶273

(ii) The petitioner and spouse shall present the child before the 8th respondent – Centre on 19.10.2024, on which day, the aforesaid District Child Protection Officer and the Investigating officer along with learned counsel, Ms.Reshma Thammaiah shall examine and interact with the child as well as the petitioner and spouse and submit a report in this regard by the next date of hearing.

¶274

(iii) The petitioner and spouse shall pay a sum of Rs.10,000/- to Ms. Reshma Thammaiah, learned counsel towards her valuable assistance.

¶275

Re-list on 21.10.2024 at 02.30 P.M. for further hearing.”

¶276

Dated 21.10.2024

¶277

“Ms. Reshma Thammaiah, learned counsel has submitted a report pursuant to the order dated 02.09.2024.

¶278

Learned counsel is permitted to file the report in the Registry and the same shall be received on record.

¶279

Re-list on 02.06.2025 at 2.30 p.m. for further hearing.

¶280

Interim order granted earlier is extended till the next date of hearing.

¶281

List this matter along with Writ Petition Nos.19025/2024, 19027/2024, 19029/2024, 19031/2024 and 19034/2024.”

¶282

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As can be seen from the aforesaid interim orders passed by this Court, children in question have been handed over to the petitioners, subject to the condition that the petitioners shall take good and proper care of the said children and would produce them before the 5^th respondent and in the presence of Ms.Reshma Thammaiah, who was appointed by this Court as Court Commissioner for the said purpose. The aforesaid interim orders passed by this Court and the submissions made by the learned counsel for the petitioners and learned AGA for the respondents and learned counsel Ms.Reshma Thammaiah will indicate that the petitioners have been taking good and proper care of the children in question. Under these circumstances, nothing further survives in the present petitions and the same deserve to be disposed of by directing that the children in question to be continued in the custody of the respective petitioners by imposing certain conditions.

¶284

In the result, I pass the following:

¶285

ORDER

¶286

(i) Petitions are hereby disposed of.

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(ii) The children in question are directed to continue to remain in care and custody of the petitioners who are directed to take good and proper care of the children in question.

¶289

(iii) Petitioners shall produce the children in every six months for a period of five years before the Karnataka Mediation Centre, Bangalore, on a date to be fixed by the learned counsel for the petitioners after duly notifying the respondents as well as Ms.Reshma Thammaiah in this regard.

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(iv) It is made clear that in the event the petitioners do not take proper or good care of the children in question or fail to appear before the Karnataka Mediation Centre, Bangalore, on a date to be fixed as stated supra, liberty is reserved in favour of the respondents to take appropriate action against the petitioners in accordance with law.

¶291

(v) Liberty is also reserved in favour of the petitioners to take recourse to such remedies as available in law to formalise the adoption of children in question, if they are so advised.

¶292

(vi) The petitioners in each of the petitions shall pay a sum of Rs.5,000/- to the learned counsel Ms.Reshma Thammaiah for her appearance before the Karnataka Mediation Centre, Bangalore.

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