- 1 - HC-KAR NC: 2025:KHC:25463-DB WPHC No. 68 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION HABEAS CORPUS No.68 OF 2025 BETWEEN: 1. SMT. NAZHATH HUSNA, W/O ABU TAHIR N., AGED ABOUT 29 YEARS, R/AT No.3960/3, 2ND CROSS, C. RAHIM NAGAR, BANGARPET, KGF, KARNATAKA-563122. …PETITIONER (BY SRI. RAGHAVENDRA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, VIDHANASOUDHA, BANGALORE-560001. 2. THE POLICE INSPECTOR, BANGARPET POLICE STATION, KGF SUB DIVISION, KGF-563122. 3. MR. ABU TAHIR N., S/O NAYAZ AHMED, AGED ABOUT 33 YEARS, R/AT ANDERSONPET, KGF, KARNATAKA-563122. Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25463-DB WPHC No. 68 of 2025 4. MR. MOHAMMED SHAIKH, S/O NAYAZ AHMED, AGED ABOUT 30 YEARS, R/AT ANDERSONPET, KGF, KARNATAKA-563122. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1 & R2) THIS WP(HC) IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING THE 3RD AND 4TH RESPONDENTS TO HAND OVER THE 4 YEARS MINOR DAUGHTER TO THE CUSTODY OF THE PETITIONER. ETC. THIS WP(HC) COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking directions to the third and fourth respondents to handover the minor daughter of the petitioner to her custody. 2. The contention raised is that the third and fourth respondents, who are the father and the paternal uncle of the child, have forcibly abducted the child and are refusing to hand her over to the custody of the petitioner. - 3 - HC-KAR NC: 2025:KHC:25463-DB WPHC No. 68 of 2025 3. We notice that there are several other litigations between the parties. The petitioner and the third respondents are wife and husband respectively and it is contended that the child is in the custody of the third and the fourth respondents. 4. Having considered the contentions, we are of the opinion that this is a matter to be agitated in the proceedings which are already pending between the parties or by recourse to the Family Court, and a writ of habeas corpus cannot be issued in matters of this nature. 5. Leaving open all the contentions of the parties, this writ petition is dismissed as not maintainable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE MV, List No.: 2 Sl No.: 1