Rasim Rehman Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2026)

Rasim Rehman Vs State of Karnataka — Matrimonial and Divorce | Karnataka HC (2026)

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NC: 2026:KHC:14561-DB WPHC No. 11 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION (HABEAS CORPUS) NO.11 OF 2026

BETWEEN:

RASIM REHMAN S/O ERABHIM AGE ABOUT 41 YEARS R/AT.1206A, 13^TH FLOOR CONFIDENT ANTLIA III SARJAPURA ATTIBELE ROAD NEXT TO ST. PHILOMENA ENGLISH SCHOOL SARJAPURA, BENGALURU KARNATAKA-562 125

…PETITIONER

Digitally signed by RAKSHA Location: High Court of Karnataka

(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

AND:

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

COMMISSIONER OF POLICE BENGALURU CITY No.01 INFANTRY ROAD BENGALURU-560 001

2 - NC: 2026:KHC:14561-DB WPHC No. 11 of 2026

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THE SHO, BELLANDUR P.S. 37, SARJAPUR MAIN ROAD AMBLIPURA PWD QUARTERS 1^ST SECTOR, BELLANDUR BENGALURU, KARNATAKA-560 103

SANTOSH GOWDAR S/O NOT KNOWN R/AT. No.58/22, KAMAKYA LAYOUT 3^RD STAGE, BANASHANKARI BENGALURU-560 085

SMT. RANI DEVI W/O JITENDRA KUMAR AGED ABOUT 54 YEARS No.311, PLOT No.61 JAIMALHAR NAGAR NEAR KANDOBA MANDIR PUNE, MAHARASHTRA-411 047 AMENDED V.C.O. DATED 11.03.2026

…RESPONDENTS

KHUSHBU KAMARI JHA AGED ABOUT 26 YEARS ROOM No.401, 4^TH FLOOR ASHRITA HOME, OTER RING ROAD BESIDE UDUPI AATITHYA OPP. TO CENTRO MALL BELLANDUR, BENGALURU-560 103

…DETENUE

(BY SRI. P. THEJESH, HCGP FOR R1 TO R3; SRI. KRISHNA KUMAR K, ADVOCATE FOR R4; SRI. SUYOG HERELE, ADVOCATE FOR R5; SRI. LAXMINARAYAN N. HEGDE, ADVOCATE FOR DETENUE)

THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT,

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ORDER OR DIRECTION, DIRECTING RESPONDENT Nos.2 AND 3 TO PROUDCE THE DETENUE - KHUSHBU KUMARI JHA BEFORE THIS COURT SET HER FREE.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

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

We have heard Shri. Sirajuddin Ahmed, learned counsel appearing for the petitioner, Shri. Thejesh P, learned High Court Government Pleader appearing for respondents No.1 to 3, Shri. Krishna Kumar K, learned counsel appearing for respondent No.4, Shri. Suyog Herele, learned counsel appearing for respondent No.5 and Shri. Laxminarayan N. Hegde, learned counsel appearing for respondent No.6. We have also interacted with the alleged detenue as well as Mr. Rasim Rehman, the petitioner.

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NC: 2026:KHC:14561-DB WPHC No. 11 of 2026

HC-KAR

The alleged detenue informs us that she was in

a One Stop Center for the past ten days and has had the occasion to think very deeply about her situation. She submits that she is clear in her mind and desires to accompany the petitioner. She further submits that some of her personal belongings and documents are with her parents and the Police may be requested to get the documents and personal effects for her.

The petitioner as well as the alleged detenue has informed us that they intend to give a notice of their intended marriage and to solemize their marriage under the Special Marriage Act, 1954.

Having considered the contentions advanced and having interacted with the detenue as well as the petitioner for a considerable time, we are of the opinion that the detenue is a sound-minded 26 years old woman and is well aware of what she is doing.

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NC: 2026:KHC:14561-DB WPHC No. 11 of 2026

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In the above circumstances, the detenue is set

at liberty to accompany the petitioner, if she so wishes.

The marriage under the Special Marriage Act shall be registered without delay. The Police shall consider any other request made by the detenue including ensuring the security of both the petitioner and the detenue.

The Writ Petition (Habeas Corpus) stands

disposed of as above .

Sd/(ANU SIVARAMAN) JUDGE

Sd/(TARA VITASTA GANJU) JUDGE

CP

List No.: 16 Sl No.: 1