Dismissed¶39

P Shruthi Nair v. the State of Karnataka

Karnataka HC6 Feb 2025WPHC/3/2025

Case brief

AI extract

What is this about?

Karnataka HC, WPHC No.3/2025, decided 06.02.2025 (Anu Sivaraman and Vijaykumar A. Patil JJ.): writ of habeas corpus for minor child refused where the alleged illegal detainer is the child's own father; custody dispute held to be a matter for the pending G & WC No.51/2024 before the III Additional Senior Civil Judge, Bangalore Rural (interim order 01.02.2025, Annexure-R3) under the Guardians and Wards Act; writ petition under Articles 226 and 227 dismissed with contentions left open.

What did the court decide?

The dispute between the parties is with regard to custody of the minor child, and the contentions raised in the writ petition do not disclose any cause of action for the issuance of a writ of habeas corpus, since the person who was said to be in custody is admittedly the father of the child. ¶37

P Shruthi Nair Vs the State of Karnataka — Child Custody and Guardianship | Karnataka HC (2025)

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NC: 2025:KHC:5531-DB WPHC No. 3 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO. 3 OF 2025

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BETWEEN:

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P. SHRUTHI NAIR AAGED ABOUT 35 YEARS W/O SANIL PADMANABHAN R/A. G002 NCC NAGARJUNA GREENWOODS KADUBEESANAHALLI BENGALURU-560 063 NOW R/AT. A1 162 SNN RAJ ETTERNIA SILVER COUNTY ROAD HARALUR ROAD BENGALURU-560B068

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…PETITIONER

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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(BY SMT. ANUSHREE MENON, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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COMMISSIONER OF POLICE BENGALURU CITY 2, ALI ASKER ROAD VASANTH NAGAR, BENGALURU KARNATAKA-560 001

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2 - NC: 2025:KHC:5531-DB WPHC No. 3 of 2025

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STATION HOUSE OFFICER MARATHAHALLI POLICE SATION No.88, OUTER RING ROAD MARATHAHALLI (NEXT TO JP MORGAN SERVICES INDIA PVT. LTD.) BENGALURU-560 037

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SANIL PADMANABHAN AGED ABOUT 42 YEARS S/O PADMANABHAN MARUVAN RESIDIN AT G0002 NCC NAGARJUNA GREENWOODS KADUBEESANAHALLI BENGALURU-560 103 WORKING AT GENERAL SALES MANAGER-B2B SHELL INDIA MARKETS PRIVATE LIMITED NEW TECHNOLOGY CENTRE BANGALORE (PLOT No.7, BANGALORE HARDWARE PARK SHELL TECHNOLOGY CENTRE DEVANAHALLI INDUSTRIAL PARK MAHADEVA KODIGEHALLI BENGALURU-562 149

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…RESPONDENTS

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(BY SRI. B.A. BELLIAPPA, SPP-I WITH SRI. M.V. ANOOPKUMAR, HCGP FOR R1 TO R3; SMT. RACHANA M., ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE FOR R4)

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THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO (A). ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENT No.4 AND HIS PARENTS TO SECURE THE MINOR CHILD AYAAN SANIL BEING ILLEGALLY DETAINED BY THE RESPONDENT No.4 AND ENSURING THE CUSTODY OF THE MINOR CHILD TO THE PETITIONER AND ETC.

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3 - NC: 2025:KHC:5531-DB WPHC No. 3 of 2025

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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This writ petition is filed seeking the following releifs:

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a) Issue a writ of habeas corpus or any other appropriate writ, order or direction directing the respondent No.4 and his parents to secure the minor child Ayaan Sanil being illegally detained by the respondent No.4 and ensuing the custody of the minor child to the petitioner in the interest of justice and equity.

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b) Pass any such order/writ/direction that this Hon'ble Court deems fit in the interest of justice and equity.

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We have heard the learned counsel appearing

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on either side.

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The statement of objections are also placed on record by the counsel appearing for the 4^th respondent. It is submitted by the learned counsel appearing for the respondents that the parties are before the Family Court and that the G & WC No.51/2024 had been filed by the

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4 - NC: 2025:KHC:5531-DB WPHC No. 3 of 2025

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respondent No.4, wherein he has sought for custody of the minor child. It is submitted that the said petition is now pending on the file of the III Additional Senior Civil Judge, Bangalore Rural and that an interim order had been granted on 01.02.2025, which is produced as AnnexureR3.

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4. We notice that the dispute between the parties

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is with regard to custody of the minor child and that the contentions raised in the writ petition do not disclose any cause of action for the issuance of a writ of habeas corpus, since the person who was said to be in custody is admittedly the father of the child.

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In the above view of the matter and in view of

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the fact that the parties are before the Family Court are agitating the disputes under the Guardians and Wards Act, we are of the opinion that further adjudication in this writ petition is absolutely unnecessary. The writ petition is therefore fails, the same is accordingly dismissed , leaving open the contentions of the parties to be agitated in the

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NC: 2025:KHC:5531-DB WPHC No. 3 of 2025

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pending case before the III Additional Senior Civil Judge or in any other proceedings initiated in accordance with law.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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RAK List No.: 2 Sl No.: 2