- 1 - NC: 2025:KHC-D:7224-DB WPHC No.100012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MAY, 2025 PRESENT THE HON'BLE MR. JUSTICE RAVI V.HOSMANI AND THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WPHC NO.100012 OF 2025 BETWEEN: SMT. LAXMI W/O MALLAPPA TEGGINAVAR AGE. 25 YEARS, OCC. HOUSEHOLD WORK, R/O. BOPALAPUR, TQ. RON, DIST. GADAG, PIN CODE-582209. …PETITIONER (BY SRI S.B. DEYANNAVAR, ADVOCATE) AND: SUPERINTENDENT OF POLICE GADAG R/B STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (SRI V.S. KALASURMATH, AGA) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF WRIT OF HABEAS CORPUS DIRECTING THE PRODUCE THE VICTIM BABY NAMELY VEDANT S/O PETITIONER BEFORE THIS HON’BLE COURT TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS WPHC, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI AND THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.23 11:41:01 +0530 - 2 - NC: 2025:KHC-D:7224-DB WPHC No.100012 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioner and learned AGA appearing for the respondent. 2. This petition seeking writ of habeas corpus is filed by Smt.Laxmi W/o. Mallappa Tegginavar alleging that her 04 years old son Vedant is detained by her husband and husband’s brother-Kuber on 31.03.2025, in Ron Police Station. 3. It is further alleged that despite request to register a complaint against her husband and husband’s brother, the Police have not registered the complaint. The petitioner further alleges that the incident is also brought to the notice of the Superintendent of Police, Gadag District, Gadag. Since there was no action, the petitioner has lodged a private complaint in P.C.No.94/2025 before the JMFC, Ron and the same is pending consideration. 4. In the said private complaint, it is alleged that petitioner’s husband and his brother have illegally detained the petitioner’s son and Police have colluded with petitioner’s - 3 - NC: 2025:KHC-D:7224-DB WPHC No.100012 of 2025 husband and his brother, and are not registering any complaint against them. 5. Under these circumstances, the present petition is filed seeking writ of habeas corpus to produce the petitioner’s son-Vedant before the Court. 6. Learned counsel appearing for petitioner referring to the facts of the case would also submit that a matrimonial dispute in M.C.No.80/2024 is pending on the file of Family Court at Vijayapura. It is further stated that in the said proceedings, an application is filed by the present petitioner (respondent in the said matrimonial proceedings) seeking custody of the child is alleging that the child is forcibly taken away by the petitioner’s husband and his brother. 7. The Family Court, Vijayapura vide order dated 12.03.2025 has directed the petitioner’s husband to have the custody of child from 12.03.2025 to 17.03.2025. Thereafter the child was required to be in the custody of the mother. Visitation right is provided to the father. - 4 - NC: 2025:KHC-D:7224-DB WPHC No.100012 of 2025 8. The jurisdictional Police Inspector is present before this Court along with Kuber, the brother of petitioner’s husband and child-Vedant. 9. Learned HCGP on instructions would submit that the child is in the custody of Kuber and his wife. It is further stated that petitioner’s husband who is working in Indian Army, currently on duty in Punjab and the child is with Kuber with the consent of petitioner’s husband. 10. This Court has interacted with the petitioner, petitioner’s husband’s brother-Kuber and Kuber’s wife is also present before the Court. 11. Admittedly matrimonial dispute is pending in M.C.No.80/2024 on the file of Family Court at Vijayapura and already an interim order is passed directing the custody of the child to be given to the petitioner’s husband till 17.03.2025. The child is aged 04 years. Petitioner/mother is admittedly the natural guardian. 12. We have also noticed that the child is comfortably sitting with mother in the Chamber where proceedings are - 5 - NC: 2025:KHC-D:7224-DB WPHC No.100012 of 2025 held. Admittedly, Kuber who is present before us who is petitioner’s husband’s brother, submits that petitioner’s husband is now serving in Punjab. 13. Under these circumstances, this Court is of the view that Vedant the petitioner’s child should be in the custody of petitioner/mother till the Family Court, Vijayapura passes appropriate orders on the application for permanent custody, if any pending or to be filed before the Family Court, Vijayapura. 14. It is further made clear that we have not expressed any opinion on the merits of the petition or the interim orders passed in M.C.No.80/2024. 15. It is also noticed that in P.C.No.94/2025, the petitioner has alleged that Police may destroy the CCTV footages of the events of 31.03.2025 in the police station. 16. Sri Prakash Banakar, PSI of Ron Police Station, who is present before the Court, would submit that the said CCTV footages are available. Same shall be preserved. If CCTV footages are summoned by the JMFC, Ron, same shall be furnished before the said Court. - 6 - NC: 2025:KHC-D:7224-DB WPHC No.100012 of 2025 17. Since detinue is produced, petition is disposed of permitting petitioner to take custody of child-Vedant. 18. The jurisdictional Child Development Officer shall monitor well being of child, if required by making surprise visit to place where child is staying. 19. It is also made clear that this order shall not come in the way of either of the parties filing appropriate petition seeking permanent custody of the child. If any such petition is filed, same shall be considered in accordance with law without being influenced by the observations made here. 20. Learned Government Advocate shall send the copy of this order to the jurisdictional Child Development Officer. Sd/- (RAVI V.HOSMANI) JUDGE Sd/- (ANANT RAMANATH HEGDE) JUDGE CKK, CT:VP LIST NO.: 1 SL NO.: 1