- 1 - HC-KAR NC: 2025:KHC-D:10158-DB WPHC No. 100030 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WPHC NO.100030 OF 2025 BETWEEN: 1. ISMAIL KHAN MOHAMMED S/O ANWARULLA KHAN MOHAMMED AGE. 39 YEARS, OCC. DOCTOR (M D GENERAL MEDICINE), R/O ILAHI COLONY BESIDE AL-FAROOQ SCHOO, GANGAVATHI, KOPPAL 583227. NOW RESIDENT AT DR. ISMAIL KHAN MOHAMMED H.NO. 6917, AL MUNEERA STREET, AL-JAMIAH DISTRICT, MAKKAH 24242, SAUDI ARABIA. 2. MOHAMMED SALMAN KHAN S/O ANWARULLA KHAN MOHAMMED AGE. 35 YEARS, OCC. ENGINEER PVT SERVICE, C/O ANWARULLA KHAN MOHAMMED ILAHI COLONY, BESIDE AL-FAROOQ SCHOOL, GANGAVATHI, KOPPAL 583227. …PETITIONERS (BY SRI. DEEPAK C. MAGANUR, ADVOCATE) AND: 1. SMT. AYISHA AFREEN W/O ISMAILKHAN MOHAMMED AGE. 36 YEARS, OCC. DOCTOR (DIPLOMA IN OPHTHALMOLOGY) R/O H.NO. 12-2-784, FLAT NO.103, MAPHAR PEARL, RETHI BOWLI, MEHDIPATNAM, ASIFNAGAR, HUMAYUNNAGAR, HYDRABAD 500028. 2. STATE OF KARNATAKA, REP. BY SUPERINTENDENT OF POLICE, KOPPAL DISTRICT, KOPPAL 583227. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10158-DB WPHC No. 100030 of 2025 3. SUPERINTENDENT OF POLICE, GANGAVATHI, GANGAVATHI 583227. 4. POLICE SUB-INSPECTOR, GANGAVATHI SUB-DIVISION POLICE STATION, GANGAVATHI TOWN PS, KOPPAL DISTRICT 583227. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R2 TO R4) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF HABEAS-CORPUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO DIRECT THE RESPONDENT POLICE TO PRODUCE (MINOR) MOHAMMED IBRAHEEM KHAN S/O ISMAIL KHAN MOHAMMED AGE 7 YEARS 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 S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed seeking a writ of habeas corpus and to direct the respondents/police to produce a minor ward by name Mohammed Ibraheem Khan before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10158-DB WPHC No. 100030 of 2025 2. Learned counsel for the petitioners submits that the order passed by the learned I Addl. Judge, Family Court-cum- XIV Addl. Metropolitan Sessions Court, Hyderabad is one without jurisdiction as though the mother was a resident of Hyderabad, child was a resident of Saudi Arabia and custody of the child has been forcibly taken. 3. It is to be noticed that the provisions of the Guardians & Wards Act, 1890 would address the legal grievance, if any, of the petitioners. The question of circumventing the statutory remedy by recourse to habeas corpus petition cannot be accepted. Such a stand requires to be taken as the relief sought by way of present writ cannot be considered dehors the order of injunction passed by the Court at Hyderabad protecting the custody of the child with the mother. Accordingly, the habeas corpus petition is rejected, while reserving liberty to the petitioners to workout their remedy before appropriate Court. 4. Mere urgency will not have the effect of ignoring the statutory remedy. Needless to state if the petitioners were to avail appropriate remedy under the provisions of Guardians - 4 - HC-KAR NC: 2025:KHC-D:10158-DB WPHC No. 100030 of 2025 & Wards Act, 1890, the said Court shall take up the proceedings giving due importance of urgency in the matter while considering the interim relief, if sought for. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE JTR LIST NO.: 1 SL NO.: 5