Dismissed

Smt. Shweta Kaur v. the State of Karnataka

Karnataka HC17 Sept 2026WPHC/95/2026

Case brief

AI extract

What is this about?

The petitioner mother filed a habeas corpus petition under Article 226 seeking production of her two minor children. Respondent No. 4 (the father) informed the court that the children's whereabouts were disclosed in pending Family Court proceedings. The Division Bench held the habeas corpus petition not maintainable because the Family Court was already seized of custody and guardianship matters, and closed the petition without prejudice to the parties' rights before the appropriate forum.

What did the court decide?

Writ petition (habeas corpus) closed without prejudice to parties' rights before the Family Court

Smt. Shweta Kaur Vs the State of Karnataka — Child Custody and Guardianship | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:50766-DB WPHC No. 95 of 2026

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CNR: KAHC010641142026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2026 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 T.P.VIVEKANANDA WRIT PETITION HABEAS CORPUS NO. 95 OF 2026

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BETWEEN:

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Digitally signed by PAVITHRA N Location: High Court of Karnataka

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SMT. SHWETA KAUR W/O SRI RAVINDER SINGH CHAUHAN, AGED ABOUT 29 YEARS R/AT NO.T-8, "PRABHAVATHI DIVINE" 3RD FLOOR, NAYANAPPANAHALLI, BHAGYALAKSHMI AVENUE, HULIMAVU, BENGALURU 560076

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(BY SRI. K GOVINDARAYA KAMATH, ADVOCATE) AND:

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…PETITIONER

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THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME AFFAIRS, VIDHANA SOUDHA, BENGALURU 560001

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THE STATION HOUSE OFFICER HULIMAVU POLICE STATION,

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HC-KAR

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NC: 2026:KHC:50766-DB WPHC No. 95 of 2026

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CNR: KAHC010641142026

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HULIMAVU, BENGALURU 560076

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THE COMMISSIONER OF POLICE BENGALURU CITY POLICE, INFANTRY ROAD, BENGALURU 560001

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SRI RAVINDER SINGH CHAUHAN S/O AJITH SINGH AGED ABOUT 39 YEARS PRESENTLY RESIDING AT: "VEDANT VAYUN" APARTMENT, BEGUR-KOPPA ROAD, SURAKSHA NAGAR, AKSHAYA VANA, AKSHAYANAGAR, BENGALURU 560114

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…RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, SPP-1 FOR R1 TO R3; SRI N. GOWTHAM RAGHUNATH, ADVOCATE FOR R4)

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THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO.2 TO PRODUCE THE MINOR CHILDREN NAMELY KUMARI ASHPREET KAUR, AGED ABOUT 7 YEARS, AND MASTER MANVEER SINGH, AGED ABOUT 5 YEARS 7 MONTHS BEFORE THIS COURT.

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HC-KAR

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NC: 2026:KHC:50766-DB WPHC No. 95 of 2026

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CNR: KAHC010641142026

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA

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ORAL JUDGMENT

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

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Heard the learned counsel appearing on either side.

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This Writ Petition (Habeas Corpus) is filed stating that the writ petitioner is not aware of the whereabouts of her minor children.

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A memo is placed on record by the respondent No.4 pointing out that the present address and whereabouts of respondent No.4 and the children are very well available in the interlocutory application filed before the II Additional Family Court, Bengaluru as well as in the G&WC which has been filed on 10.09.2026.

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In the above view of the matter and in view of the fact that the applications for custody and guardianship of the

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HC-KAR

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NC: 2026:KHC:50766-DB WPHC No. 95 of 2026

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CNR: KAHC010641142026

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children are pending before the Family Court, we are of the opinion that Writ Petition (Habeas Corpus) is not maintainable. Accordingly, the Writ Petition (Habeas Corpus) is closed without prejudice to the contentions of the parties and their rights to raise their contentions before the appropriate forum.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(T.P.VIVEKANANDA) JUDGE

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RAK List No.: 2 Sl No.: 1

Smt. Shweta Kaur v. the State of Karnataka

Case brief

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Smt. Shweta Kaur v. the State of Karnataka

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