SMT LAXMI W/O ASHOK BEDARATTI v. SUPERINTENDENT OF POLICE BELAGAVI
WPHC/100001/2025 · 2025-01-09
B M Shyam Prasad, Ramachandra D Huddar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2810 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2810 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:310-DB WPHC No. 100001 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WPHC NO.100001 OF 2025 BETWEEN:
SMT. LAXMI W/O ASHOK BEDARATTI, AGE. 45 YEARS, OCC. HOUSEHOLD, R/O SANGAMNAGAR GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. - PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE)
AND:
SUPERINTENDENT OF POLICE BELAGAVI, AT: BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-580011. - RESPONDENT (BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENT TO PRODUCE THE MISSING GIRL CHANDRIKA D/O ASHOK BEDARATTI BEFORE THIS HON’BLE COURT TO MEET THE ENDS OF JUSTICE AND EQUITY & ETC.
THIS WPHC, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.10 10:16:59 +0530
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NC: 2025:KHC-D:310-DB WPHC No. 100001 of 2025
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
This petition is by the mother of a younger daughter, and she has filed this petition stating that her daughter [Ms. Chandrika] has gone missing and that a complaint is filed with the jurisdictional police in Crime No. 108/2024. The petitioner asserts that her daughter, who is born on 02.05.2007, is a minor. Mr.G.K. Hiregoudar, the learned Principal Government Advocate who accepts notice for the respondent, files a memo along with copies of the documents such as a Transfer Certificate issued by the Education Department of Karnataka Government, SSLC Marks Sheet and Marriage Certificate issued in Form No. 2A under the relevant Rules.
The petitioner’s daughter [Ms. Chandrika] is present, and when queried, she states that she has married Mr. Pruthviraj Prakash Kurabet son of Prakash Kurabet on her own volition being in love with him for over six months back
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NC: 2025:KHC-D:310-DB WPHC No. 100001 of 2025
and that their marriage is solemnized on 18.11.2024. Mr. G.K. Hiregoudar submits that though the petitioner alleges that the daughter is born on 02.05.2007, the SSLC Marks Sheet and the Transfer certificate show that she is born on 17.11.2006 and she was more than 18 years as on the date of her marriage.
Mr. Pruthviraj is also present with his mother, Mrs. Sangeetha Prakash Kurabet. When queried, both are categorical that Smt. Chandrika will be looked after well and she will also be encouraged to pursue her education. In the light of the afore, the petition is disposed of observing that all other questions that may be left open to be decided in proper proceedings.
Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 1