- 1 - NC: 2025:KHC:3195-DB WPHC No. 103 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO. 103 OF 2024 BETWEEN: MR. ASHWIN THOMAS AGED ABOUT 34 YEARS S/O SRI. SHYSON THOMAS RESIDING AT No.637 ASHWIN MANOR OLD AIRPORT ROAD, HAL BENGALURU 560 017 ALSO AT: No.183, 2ND CROSS 4TH MAIN, VIVEKNAGAR BENGALURU-560 047 …PETITIONER (BY SRI. REVATHY ADINATH NARDE, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BENGALURU-560 001 2. COMMISSIONER OF POLICE BENGALURU CITY OFFICE OF THE COMMISSIONER OF POLICE INFANTRY ROAD VASANTH NAGAR BENGALURU-560 001 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3195-DB WPHC No. 103 of 2024 3. STATION HOUSE OFFICER THROUGH HAL POLICE STATION HAL OLD AIRPORT ROAD MARATHAHALLI BENGALURU-560 037 4. IRENE MYLOTH W/O ASHWIN THOMAS No.88, 1ST MAIN TALAKAVERI LAYOUT, BASAVANAGAR BENGALURU-560 037 EMAIL: irenemyloth@gmail.com MOBILE No.8105913666 PRESENTELY R/AT: M/s. PERFORMENA PREATONI TOWER UNIT No.2406 CLUSTER-L, JLT, DUBAI, UAE EMAIL: sales@performena.com irenemyloth@gmail.com …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3; SRI. ABHISHEK R. HUDDAR, ADVOCATE FOR R4) THIS WP(HC) IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO (a) ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING RESPONDENT No.4 TO SECURE THE RELEASE OF AARIN THOMAS AND TRANSFER HIS PHYSICAL CUSTODY TO THE PETITIONER TO ENABLE THE PETITIONER TO ACT IN THE BEST AND PARAMOUNT INTEREST OF THE CHILD AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC:3195-DB WPHC No. 103 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel appearing on either side in this matter. 2. We have also interacted with the parties, who are the parents of minor child. We have also talked to the minor child, who was produced before us by the mother, as agreed by her. We are of the opinion that the disputes between the parties have to be considered in the Family Court jurisdiction and not before this Court in a Writ Petition. However, in view of the fact that the parties do not oppose to interaction between the father and the child, we direct that till appropriate orders are passed by the Family Court on the applications already said to have been filed by the mother before the Family Court at Bengaluru or in any other applications which may be filed by the parties, the father shall be permitted to take temporary custody of the child from the residence of the mother at 5 pm, on every Saturday and return the child to the residence of the mother on Sunday afternoon. - 4 - NC: 2025:KHC:3195-DB WPHC No. 103 of 2024 3. We make it clear that this order is passed on consent between the parties and it will not preclude the Family Court from considering the matter on merits and passing any orders, in accordance with law. 4. It is further submitted by the respondent as well as learned counsel appearing for her that the child will not be removed from the jurisdiction of the Family Court at Bengaluru till orders are appropriately passed by the Family Court in accordance with law. 5. Petition stands disposed of with the aforesaid directions. Pending IAs, if any, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE CP List No.: 16 Sl No.: 1