Karnataka High Court
Mr. Suriez vs Mr. M Abdul Khader on 29 June, 2017
Bench: Ravi Malimath, John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 29TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA
WP(HC)NO.15 OF 2017
BETWEEN:
MR. SURIEZ
AGED 26 YEARS
SON OF IBRAHIM
RESIDING AT FLAT NO 803, MOHTISHAM
CORAL, EMMEKERE, PANDESHWAR
MANGALURU - 575001 ... PETITIONER
(BY SRI: P P HEGDE, ADVOCATE)
AND:
1. MR. M ABDUL KHADER
AGED 50 YEARS
SON OF PODIMONU,
RESIDING AT DOOR NO 9-12-556/2,
ISMAIL MANZIL, ANSARI ROAD,
BUNDER, MANGALURU - 575001
2. MRS FARZANA
AGED 42 YEARS
WIFE OF ABDUL KHADER,
RESIDING AT DOOR NO 9-12-556/2,
2
ISMAIL MANZIL, ANSARI ROAD
BUNDER, MANGALURU - 575001
3. MRS SOUDHA
AGED ABOUT 30 YEARS
WIFE OF THANZIL
RESIDING AT PAKKALADKA, BAJAL,
MANGALURU-575007.
4. MRS THANZIL
AGED ABOUT 35 YEARS
SON OF UMMER
RESIDING AT PAKKALADKA, BAJAL,
MANGALURU - 575007
5. THE INSPECTOR OF POLICE
MANGALURU NORTH POLICE STATION
MANGALURU - 575001
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BENGALURU
6. STATE OF KARNATAKA
DEPARTMENT OF HOME
REPRESENTED BY SECRETARY
BENGALURU - 01 ... RESPONDENTS
(BY SRI: B S SACHIN, ADVOCATE FOR R1-4 &
SRI: E.S. INDIRESH, AGA FOR R5 & 6)
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF HABEAUS CORPUS, DIRECTING
RESPONDENT NO.5/POLICE TO SEARCH FOR AND
PRODUCE THE PETITIONER'S MINOR FEMALE CHILD BY
NAME UMMA KULSOOM FARHANA (DATE OF
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BIRTH:15.09.2016) BEFORE THIS HON'BLE COURT
FORTHWITH AND HANDOVER THE CHILD TO THE
PETITIONER.
THIS WPHC COMING ON FOR FURTHER ORDERS
DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER
The plea of the petitioner is that at the delivery of her daughter, his wife died. Thereafter, the child is in the custody of her grand-parents-respondent Nos.1 and 2. Hence, the present petition for a Writ of Habeas Corpus seeking the custody of the child.
2. The petitioner had already filed Crl.M.No.219 of 2016 before the JMFC, Mangalore seeking the search and custody of his child, by an application filed under Section 97 Cr.P.C., which was dismissed. Thereafter, the present petition is filed.
3. On hearing the learned counsel for the petitioner, we have no hesitation to hold that it cannot be said that the child is in illegal detention.
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4. In order to seek a Writ of Habeas Corpus, the petitioner would have to satisfy the Court that the child is in illegal detention. The respondent Nos.1 and 2 are the grand-parents, respondent No.3 is the sister of the child's mother. They have a right over the custody of the child under their personal law. Hence, we find, no Writ of Habeas Corpus could be issued. However, it is needless to state that the petitioner is always at liberty to work out his remedies before the appropriate Court. Consequently, the petition is rejected.
Sd/- Sd/-
JUDGE JUDGE
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