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2025 DAILYLAW 57310 (KAR)

SRI SYED KHADEER v. THE STATE OF KARNATAKA

WP/25956/2024 · 2025-09-09

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35466 WP No. 25956 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25956 OF 2024 (GM-POLICE) BETWEEN: SRI SYED KHADEER AGED ABOUT 36 YEARS, S/O SYED MUSTAFA, RESIDING AT NO.40, 8TH CROSS, 5TH MAIN, KRISHNAPPA BLOCK, GANGANAGAR, BENGALURU - 560032. …PETITIONER (BY SRI. MOHAMMED MUJASSIM.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOMES AND EXTERNAL AFFAIRS VIDHANA SOUDHA, BANGALORE - 560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35466 WP No. 25956 of 2024 2. THE COMMISSIONER OF POLICE, MYSURU CITY POLICE, OFFICE OF THE POLICE COMMISSIONER, LOKARANJAN MAHAL ROAD, DOORA, MYSURU - 570 010. 3. THE DEPUTY COMMISSIONER OF POLICE FOR LAW AND ORDER MIRZA ROAD, NAZARBAD MOHALLA, MYSORE CITY - 570010. 4. THE ASSISTANT COMMISSIONER OF POLICE DEVARAJA DIVISION, HAMELTON BUILDING, LASHKAR MOHALLA, MYSORE - 570 001. 5. THE STATION HOUSE OFFICER UDAYAGIRI POLICE STATION, MAHADEVAPURA MAIN ROAD, OPP. SHANTI NAGAR, SHANTINAGARA NORTH, UDAYAGIRI, MYSURU - 570019. 6. 7. THE STATION HOUSE OFFICER WOMEN POLICE STATION, IRWIN ROAD, LASHKAR MOHALLA, MANDI MOHALLA, MYSURU - 570 001. …RESPONDENTS MRS. MOHAMMADIA SHAZIA W/O. MR SYED KHADEER - 3 - HC-KAR NC: 2025:KHC:35466 WP No. 25956 of 2024 AGED ABOUT 27 YEARS RESIDING AT NO.330, BEEDI COLONY, AZEEZ SAIT NAGAR UDAYAGIRI MYSURU - 570 019 ….PROPOSED APPLICANT (BY SMT.K.P. YASHODHA., AGA FOR R1 TO R6; SRI. ABUBACKER SHAFI, ADVOCATE FOR PROPOSED R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-6 TO NOT INTERFERE WITH THE CUSTODY OF THE CHILD IN PURSUANCE TO NCR BEARING NO. GSC NO. PO0056240600738 DATED 12.09.2024 VIDE ANNX-F. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:35466 WP No. 25956 of 2024 ORAL ORDER The petitioner and the applicant are married and they have a son between them who is aged five years. The petitioner [the husband] has the custody of the child with the applicant asserting that the petitioner has taken custody of the child from her acting under the guise of the interim orders granted by this Court on 20.09.2024 directing the respondents-police not to interfere with his custody of the child. Sri Mohammed Mujassim, the learned counsel for the petitioner, and Sri Abubacker Shafi, the learned counsel for the applicant [proposed seventh respondent] as also Smt K P Yashodha, a learned Additional Government Advocate, who is called upon to accept notice for the respondents, are heard for final disposal of the petition. The petitioner has called in question the Endorsement dated 12.09.2024 [Annexure-F] issued by the Station House Officer, Mandi Mohalla Women - 5 - HC-KAR NC: 2025:KHC:35466 WP No. 25956 of 2024 Police Station, Mysuru. The petitioner’s case is that this Endorsement is issued at the applicant’s instance to ensure that the petitioner is compelled to handover the custody of the child to the applicant. The petitioner, in support of the grievance against the endorsement, proposes to rely upon certain antecedent circumstances, and for the present purposes, it would suffice to observe that the dispute between the petitioner and the applicant is muddled with allegations of infidelity and the dispute otherwise is about the custody of the child. This dispute must be resolved by the jurisdictional Court, and this Court cannot embark upon such adjudication. Therefore the petition, leaving all contentions open, stands disposed of. SD/- (B M SHYAM PRASAD) JUDGE AN/-