Suryakanth M Raikar Vs the State of Karnataka

SMT. ANUSHA S RAIKAR D/O SURYAKANTH M RAIKAR AGED ABOUT 19 YEARS RESIDENT OF NO.31, 18^TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040. ALSO AT SRI. MANGALADEVI JEWELLERY NEAR MANGALA DEVI TEMPLE, MANGALORE – 575 001

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SMT. SAROJA W/O LATE LAXMIKANTH H VERNEKAR C/O RAGHAVENDRA L VERNEKAR SRI. MANGALADEVI GOLD PALACE OPPOSITE TO UNIVERSITY COLLEGE HAMPANKATTE, MANGALORE – 575 001.

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RAJESH L. VERNEKAR S/O LATE LAXMIKANTH H VERNEKAR AGED ABOUT 46 YEARS SRI. MANGALADEVI JEWELLERY NEAR MANGALA DEVI TEMPLE, MANGALORE – 575 001.

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RAGHAVENDRA L VERNEKAR S/O LATE LAXMIKANTH H VERNEKAR AGED ABOUT 45 YEARS SRI MANGALADEVI GOLD PALACE OPPOSITE TO UNIVERSITY COLLEGE

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NC: 2026:KHC:14468-DB WPHC No. 26 of 2026

HC-KAR

HAMPANKATTE,

MANGALORE – 575 001.

RAVISH L VERNEKAR

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S/O LATE LAXMIKANTH H VERNEKAR AGED ABOUT 40 YEARS SUVARNA LAXMI JEWELLERS FAVOURITE COLLECTION NEAR RADHA MEDICALS BYNDOORWELL, KANAKANADI MANGALORE – 575 002

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AND

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MASTER ADITHYA S RAIKAR S/O SURYAKANTH M RAIKAR AGED ABOUT 9 YEARS RESIDENT OF NO.31, 18^TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BANGALORE – 560 040

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ALSO AT

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SRI. MANGALADEVI JEWELLERY NEAR MANGALA DEVI TEMPLE, MANGALORE – 575 001.

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…RESPONDENTS

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(BY SRI. B.A.BELLIAPPA., SPP-I A/W SRI. P.THEJESH, HCGP FOR R1 TO R5)

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THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT OF HABEAS CORPUS BY DIRECTING THE RESPONDENT NO.2 POLICE TO PRESENT THE DETENUE MASTER ADITHYA S RAIKAR, BEFORE THIS HON'BLE COURT; b) TO HANDOVER THE CUSTODY OF THE DETENUE ADITHYA S RAIKAR TO PETITIONER AND ETC

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

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HC-KAR

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

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ORAL JUDGMENT

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

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We have heard the learned counsel appearing for the petitioner.

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This writ petition is filed seeking the following

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reliefs:-

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“a. To issue a Writ of Habeas Corpus by directing the Respondent No.2 Police to present the detenue Master Adithya S Raikar, before this Hon'ble Court.

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b. To handover the custody of the detenue Adithya S Raikar to the petitioner.

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c. Pass such other Writ, Order of Direction, as this Hon'ble Court deems appropriate given the facts and circumstances of the case, in the interests of justice and equity.”

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The learned counsel appearing for the petitioner

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submits that he is the father of a 19 year old girl and a 10 year old boy. It is submitted that his wife passed away in June, 2020. It is stated that the children were taken away

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by the relatives of his late wife and a Writ Petition (Habeas Corpus) was filed at that time. It is submitted that by

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HC-KAR

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Annexure - H, order dated 25.01.2021 the custody of the children was handed over to the writ petitioner. It is submitted that now the children have been taken away from the custody of the petitioner - father by respondents No.6 to 10. It is submitted that since the 10 year old son of the petitioner is being detained by respondents No.6 to 9, a Writ of Habeas Corpus is liable to be issued.

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We have noticed from the pleadings in the writ petition itself, that the issue is with regard to custody of a minor child which is squarely covered by the provisions of Section 7(1)(g) of the Family Courts Act, 1984. In Annexure H judgment also, while recording that respondents No.6 to 9 have handed over the custody of the minor children to the petitioner, the parties were left at liberty to work out their rights for seeking custody of the children before the appropriate forum.

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