- 1 - NC: 2025:KHC-D:3774-DB WPHC No. 100004 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WPHC NO. 100004 OF 2025 BETWEEN: MOHAMMADSADIQ ABBUBAKAR KADAPI AGE. 20 YEARS, OCC. BUSINESS, R/O. ZARI GALLI, BAMBALWAD, CHIKODI, BELAGAVI-591226. …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. SUPERINTENDENT OF POLICE POLICE HEAD QUARTERS, SHUBHASH NAGAR, BELAGAVI-01. 3. POLICD SUB INSPECTOR, BASAVRAJ NIRLI, CHIKODI, POLICE STATION, CHIKODI-26. 4. STATE HOME SHAILAJA SAHODARA Digitally signed by ANJALI M Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3774-DB WPHC No. 100004 of 2025 SHAHU NAGAR, BELAGAVI-01. 5. WOMEN AND CHILDREN WELFARE DEPARTMENT SHIVAJI NAGAR, BELAGAVI-01. 6. TASHFIYA D/O GOUSMOHADIN PEERZADE CHIKODI, BELGAUM-01. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R5; SRI. D.L. LADKHAN, ADVOCATE FOR R7 & R8) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE THE WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY DIRECTING THE 3RD AND 4TH RESPONDENTS TO PRODUCE THE 6TH RESPONDENT TASHFIYA D/O GOUSMOHADIN PEERZADE BEFORE THIS HON’BLE COURT & ETC., THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:3774-DB WPHC No. 100004 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner and the sixth respondent are above the age of 18 years and they have known each other for some time. They propose to get married after sometime recognizing the fact that it may not be permissible in law for them to get married until the petitioner completes the age of 21 years. The petitioner has filed this petition alleging that the jurisdictional Police, at the instance of the sixth respondent’s parents, have illegally detained the sixth respondent in a State home. On receipt of notice, the jurisdictional police have produced the sixth respondent before this Court. The sixth respondent’s parents have filed application to come on record as additional respondents. 2. In the peculiarities this case where the petitioner and the respondent who of their own free will propose to get married after sometime but with the sixth respondent’s parents opposing the same, this Court has interacted with the petitioner/the sixth respondent and their respective - 4 - NC: 2025:KHC-D:3774-DB WPHC No. 100004 of 2025 parents. This Court has also interacted with the petitioner’s uncle, Mr. Dadapeer and the sixth respondent’s relatives. The interaction with the sixth respondent on 04.02.2025/ 13.02.2025 is transcribed, and the transcription is kept in this Court’s safe custody. 3. The petitioner’s father has stated that he will support the petitioner and the sixth respondent in every decision, including the sixth respondent’s decision to persuade her education staying in a hostel and that he will ensure that Rs.3,00,000/- is deposited into her account. Mr. Dadapeer is also willing to accommodate the sixth respondent in his residence until the petitioner and sixth respondent get married. 4. In anticipation of the sixth respondent, with the consent of the petitioner, choosing to stay in a hostel at Belagavi, this Court has called upon the Child Welfare Committee, Belagavi to furnish the details of the hostel with the assistance of the jurisdictional Police. This Court must record appreciation for the efforts put in by Mr. Basagoud - 5 - NC: 2025:KHC-D:3774-DB WPHC No. 100004 of 2025 Nerli, the Police Sub Inspector, Chikkodi and Ms. S.S. Avati and Ms. Sreedevi Gondhi, the Women Police Constables, who have accompanied the sixth respondent every time to the Court and have made efforts to verify the details of the hostels where the sixth respondent could have chosen to stay. The sixth respondent’s parents have also met her to persuade her to stay preferably with them and otherwise in a hostel and pursue her education until it is appropriate for both of them to get married. 5. This Court must record that neither this Court’s interaction nor the parents’ persuasion, nor the petitioner’s family’s efforts, have made any difference insofar as the sixth respondent’s willingness to stay in a hostel or with her parents. Even today, when queried, the sixth respondent is categorical that she would stay with one of the petitioner’s relatives, Mr. Dadapeer, who confirms that he will look after the sixth respondent with the assistance of the petitioner’s father. The petitioner’s father, Mr. Abubkar Saradar Kadafe, is present, and he also acknowledges the same. The sixth respondent’s free will to be on her own with the petitioner’s - 6 - NC: 2025:KHC-D:3774-DB WPHC No. 100004 of 2025 family is brought out to this Court’s satisfaction. As such, the following : ORDER The petition is disposed of observing that the sixth respondent will be at liberty to be with the petitioner’s relative, Mr. Dadapeer, subject to the further arrangements that the petitioner and the sixth respondent may make. The Registry is directed to secure the transcription of this Court’s interaction with the sixth respondent in safe custody as directed until further orders for a period of 5 years subject to any prior order. All pending applications are disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 1