- 1 - NC: 2025:KHC-D:1593-DB WPHC No. 100002 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR HABEAS CORPUS NO. 100002 OF 2025 BETWEEN: AMINSAB MALIKSAB NADAF AGE: 34 YEARS, OCC: PVT. CONTRACTOR, R/O NAGARAL, RAIBAG R.S., RAIBAG 01. …PETITIONER (BY SRI. ANWARALI D. NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, LAW JUSTICE AND HUMAN RIGHTS DEPARTMENT, VIDHAN SOUDHA, BANGALORE-01 2. ADDITIONAL SUPERINTENDENT OF POLICE, POLICE HEAD QUARTERS, SUBHASH NAGAR, BELAGAVI-01 3. CIRCLE INSPECTOR WOMEN POLICE STATION (UNDER SP), POLICE HEAD QUARTERS, SHUBHSH NAGAR, BELAGAVI-01 4. WOMEN AND CHILDREN WELFARE DEPARTMENT, SHIVAJI NAGAR, BELAGAVI-01 Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1593-DB WPHC No. 100002 of 2025 5. STATION HOUSE OFFICER, RAIBAG POLICE STATION, RAIBAG -17. 6. SONALI VISTNU KAMBALE (AFTER MARRIAGE SWALEHA W/O AMINSAB NADAF) AGE:31 YEARS, OCC: PVT. JOB, R/O WARD NO. 9, KEB ROAD, RAYBAG-17 7. SUB REGISTRAR CHIKKODI, CHIKKODI CIRCLE, CHIKKODI-01 …RESPONDENTS (BY SRI. G.K. HIREGUDAR, PRINCIPAL GOVERNMENT ADVOCATE FOR R1-R5: R6 DEFERED FOR THE PERSONAL.) THIS WPHC FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, DIRECTING THE 2ND RESPONDENT TO PRODUCE THE 6TH RESPONDENT SONALI KAMBALE AND DIRECTION TO 5TH RESPONDENT TO ENSURE SAFETY OF THE PETITIONER AND THE 6TH RESPONDENT WHO ARE ABOUT TO LEAD THEIR MARITAL LIFE IN THEIR JURISDICTION AT RAIBAG AND ETC THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:1593-DB WPHC No. 100002 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner contends that he has married the sixth respondent [the detenue] according to the Mohammedan Law on 19.12.2024 and that the respondents, at the instance of detenue’s natal family members, have illegally detained her. The detenue is produced before this Court on 21.01.2025 with this Court issuing notice and calling for a report directing the respondents to keep the detenue present. This Court, on 21.01.2025, has recorded that the detenue is categorical that she has married the petitioner on her own wish and despite her family trying to persuade her against such a decision. However, both the petitioner and the detenue were not definite about the arrangements made for the commencement of their matrimonial life. 2. As such, this Court, after recording an abstract of conversation with the detenue’s natal family members, has called upon the petitioner to furnish the details of financial resources and permanent residence. This - 4 - NC: 2025:KHC-D:1593-DB WPHC No. 100002 of 2025 Court has also directed the petitioner to file such details with the jurisdictional Police. The petitioner has applied to recall the order dated 21.01.2025 essentially relying upon the guidelines issued by the Apex Court in Devu G. Nair Vs. The State of Kerala and Others1 and certain observations by a learned Judge of this Court as against the fifth respondent. 3. The detenue, who was in the State Home is produced, and she once again reiterates that wants to be with the petitioner whom she has married. Presently, Sri. Anwarali D. Nadaf, the learned counsel for the petitioner, states that the application is filed bona fide because of the apprehension of being subjected to an enquiry, but the petitioner must be permitted to place on record a copy of Statement of Account with M/s. Canara Bank and a copy of Fixed Deposit receipt in the detenue’s name dated 26.07.2024. The learned counsel canvasses that the petitioner and the detenue, because of the threat of prosecution at the instance of the detenue’s natal family, 1 Criminal Appeal No.1730/2024 dated 11.03.2024 - 5 - NC: 2025:KHC-D:1593-DB WPHC No. 100002 of 2025 may be permitted to place on record that they will return to the petitioner’s permanent residence [Sreesadan Station Road, Raibag, Karnataka] once the threat dissipates, and that they must be reserved with liberty to approach the Commissioner of Police, Belagavi, if there is continuation of threat. 4. The copies of the Bank details furnished are taken on record. Sri. Anwarali D. Nadaf seeks to elaborate on this request. Sri. G.K. Hiregoudar, the learned Principal Government Advocate, is heard in the light of these circumstances and the guidelines that are prescribed by the Apex Court as minimum mandatory requirements stipulating inter alia that the natal family’s concerns must be eschewed. This Court must record with the detenue reiterating her free will and the petitioner placing on record the details as required by this Court, the petition stands disposed of in the following terms: [a] The detenue is permitted to accompany the petitioner and take her belongings from the State Home with liberty to the - 6 - NC: 2025:KHC-D:1593-DB WPHC No. 100002 of 2025 petitioner and the detenue to approach the Commissioner of Police, Belagavi for protection if there is any threat. [b] The Registry is directed to keep the Copies of the Bank Statements and the Fixed Deposit Receipts in safe custody without giving copies, and the Registry shall give copies only upon a request being considered favorably by this Court on an application. Consequentially, all the applications stands disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/ct-vg LIST NO.: 1 SL NO.: 2