- 1 - HC-KAR NC: 2025:KHC:36274-DB WPHC No. 91 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION (HABEAS CORPUS) NO. 91 OF 2025 BETWEEN: 1. R. AMEERUDDIN S/O A. RAFIQUDDIN AGED ABOUT 36 YEARS R/AT No.470, 2ND CROSS SONNAPPA LAYOUT, HENNUR BENGALURU-560 043 2. MRS. YASMEEN BEGUM W/O RAFIQ UDDIN AGED ABOUT 73 YEARS R/AT No. 470, 2ND CROSS SONNAPPA LAYOUT, HENNUR BENGALURU-560 043 3. A. RAFIQ UDDIN S/O AMEER UDDIN AGED ABOUT 63 YEARS # 7, GARDEN STREET NEAR HOME MAJIC R S PALYA, BENGALURU NORTH MARUTHI SEVANAGAR BENGALURU-560 033 4. ALIYA THASNEEM S. AGED ABOUT 73 YEARS D/O SHUJAUDDEEN S.J. SS, PORTUGHESE CHURCH STREET Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36274-DB WPHC No. 91 of 2025 CHEENAI, TAMIL NADU-600 001 …PETITIONERS (BY SRI/SMT. HIREMATH ANUSUYA ANDANAYYA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT BENGALURU-560 001 2. SHIVAPRASAD S/O MADDIN SIDDAYYA AGED ABOUT 22 YEARS CO-ORDINATOR, CWC K R PURAM BENGALURU EAST-560 036 …RESPONDENTS (BY SMT. THEJESH P., HCGP) THIS WP(HC) IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE RESPONDENTS TO PRODUCE THE MINOR CHILDREN, NAMELY AZHARUDDIN, B. ASMA, AND B. ABIDA JUHA, BEFORE THIS COURT AND DIRECT THE RESPONDENTS TO RESTORE THE CUSTODY OF THE SAID MINOR CHILDREN TO PETITIONER No.1 (ADOPTED FATHER) AND PETITINER No.4 BIOLOGICAL MOTHER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:36274-DB WPHC No. 91 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents. 2. We have considered the contentions advanced on either side. We have also perused the statement of objections filed by the learned High Court Government Pleader for the respondents. It is clear from the materials on record that this is not a fit case to exercise the extra- ordinary jurisdiction of this Court under Article 226 of the Constitution of India for issuing a writ in the nature of Habeas Corpus. There are clear factual and legal disputes arising in the matter including the method by which the writ petitioners No.1 and 2 claim to have custody of the children. 3. We have interacted with one of the children- Azharuddin, who is aged 10 years, who specifically states - 4 - HC-KAR NC: 2025:KHC:36274-DB WPHC No. 91 of 2025 before us that he is happy in his present place of residence and has no intention to accompany the writ petitioners. 4. In the above view of the matter, the Writ Petition Habeas Corpus is closed. It will be open to the writ petitioners to approach the appropriate authorities under The Juvenile Justice (Care and Protection of Children) Act, 2015 and to establish their contentions, if any, in accordance with law. 5. The minor child-Azharuddin is returned to the custody of the Child Welfare Committee with a direction that the three children shall be appropriately taken care of till the matter of their custody and guardianship is decided in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE CP List No.: 2 Sl No.: 1