Mrs. H v Sujatha Vs Govt. of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Mrs. H v Sujatha Vs Govt. of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, grandmother of a minor ward, should obtain custody of the ward from the child's mother through a writ of habeas corpus, with directions that the Police Department act as directed by the DCPO and the Child Welfare Committee take custody as ordered by KSPCR. +1 more

Court's answer

In view of the aforesaid E-mail and statement of the State Public Prosecutor, the Bench found no merit in the present petition as the minor ward is with the mother, and accordingly dismissed the writ petition habeas corpus.

Ratio / Principle

On verification through the correspondence from the jurisdictional police and the petitioner's own E-mail, together with the statement of the State Public Prosecutor, the minor ward is in the care and custody of the mother.

Detailed headnote1 paragraphs

Writ Petition (Habeas Corpus) No. 18 of 2021, filed under Article 226 of the Constitution of India in the High Court of Karnataka at Bengaluru, decided on 28 October 2025 by a Bench comprising Mrs. Justice Anu Sivaraman and Mr. Justice Vijaykumar A. Patil (oral judgment per Vijaykumar A. Patil J.). The petitioner, a grandmother appearing as party-in-person, sought a writ of habeas corpus for custody of her minor grandchild from the child's mother, praying that the Police Department act as directed by the District Child Protection Officer (DCPO) and that the Child Welfare Committee take custody of the child as ordered by the Karnataka State Commission for Protection of Child Rights (KSPCR). The petitioner was absent and unrepresented on earlier dates and on the hearing date. On the Bench's direction, the learned State Public Prosecutor filed correspondence received from the jurisdictional police together with a copy of the petitioner's E-mail to the police station, which indicated that the minor ward was in the care and custody of the mother. Finding no merit in the petition in view of that E-mail and the State Public Prosecutor's statement, the Bench dismissed the writ petition habeas corpus. No cases were cited and no amounts were involved.

1 -

NC: 2025:KHC:42980-DB WPHC No. 18 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO.18 OF 2021

BETWEEN:

MRS. H.V. SUJATHA NO.002, SOUNDARYA EXCELLENCY 3RD MAIN,OLD BINNY MILL ROAD, GANGANAGAR, BANGALORE 560 032.

…PETITIONER

(BY SMT. HOSKOTE VENKATAAMANAPPA SUJATHA, PARTY-INPERSON (ABSENT))

AND:

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

GOVT. OF KARNATAKA, REP REPRESENTED BY THE ASST. COMMISSIONER OF POLICE, BANGALORE (NORTH ), RT NAGAR, BANGALORE 560032.

GOVT. OF KARNATAKA, REP REPRESENTED BY THE CHILD WELFARE COMMITTEE UNIT 3, SOCIAL WELFARE COMPLEX,

2 -

NC: 2025:KHC:42980-DB WPHC No. 18 of 2021

HC-KAR

DR. MH MARIGOWDA ROAD, BANGALORE 560029.

…RESPONDENTS

(BY SRI. B.A.BELLIAPPA, SPP-1 WITH SRI. THEJESH P., HCGP FOR R1)

THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS IN THIS MATTER, AND ORDER THE POLICE DEPARTMENT TO ACT AS DIRECTED BY THE DISTRICT CHILD PROTECTION OFFICER (DCPO) IMMEDIATELY, AS ALSO PRAY THAT THE CHILD WELFARE COMMITTEE SHOULD BE INSTRUCTED TO TAKE CUSTODY OF THE CHILD, AS ORDERED BY KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS. (KSPCR) B) FOR WHICH ACT OF KINDNESS OF YOURS, I WILL BE EVER GRATEFUL THROUGHOUT MY LIFE TO THE HON'BLE HIGH COURT OF KARNATAKA.

THIS WPHC, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

3 -

NC: 2025:KHC:42980-DB WPHC No. 18 of 2021

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This writ petition is filed seeking the following reliefs:

A) As the matter is of utmost urgency, and most serious, involving the life of an infant, hereby I humbly PRAY the Honourable High Court to issue writ of Habeas Corpus in this matter, and order the Police Department to act as directed by the District Child Protection Officer(DCPO) immediately, as also pray that the Child Welfare Committee should be instructed to take custody of the child, as ordered by Karnataka State Commission for Protection of Child Rights.(KSPCR)

B) For which act of kindness of yours, I will be ever grateful throughout my life to the Honourable High Court of Karnataka.

C) Pass any other relief/reliefs, orders, directions, writ as deemed fit for grant, in the interest of justice and equity .

The averments made in the petition indicate that

the petitioner is a grandmother of a minor ward seeking custody of the ward from the mother of the child. We have perused the order sheet, there is no representation for the petitioner even on the earlier dates and today as well. We

4 -

NC: 2025:KHC:42980-DB WPHC No. 18 of 2021

HC-KAR

have directed the learned State Public Prosecutor to ascertain

with regard to the factual assertion made in the writ petition.

The learned State Public Prosecutor filed a

correspondence received from the jurisdictional police along with a copy of the E-mail sent by the petitioner to the police station. The said E-mail indicates that the minor ward is in the care and custody of the mother.

In view of the aforesaid E-mail and statement of the State Public Prosecutor, we do not find any merit in the present petition as the minor ward is with the mother. Accordingly, the writ petition habeas corpus is dismissed.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

RAK List No.: 2 Sl No.: 1