SMT LAXMI W/O MALLAPPA TEGGINAVAR v. SUPERINTENDENT OF POLICE GADAG
WPHC/100039/2025 · 2025-11-06
Geetha K B, S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61818 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61818 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:15159-DB WPHC No.100039 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
WPHC NO.100039 OF 2025
BETWEEN:
SMT. LAXMI, W/O MALLAPPA TEGGINAVAR, AGE. 25 YEARS, OCC. HOUSEHOLD WORK, R/O BOPALAPUR, TQ. RON, DIST. GADAG-582 209. …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-580 011. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, AGA)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.15 13:05:07 +0530
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HC-KAR NC: 2025:KHC-D:15159-DB WPHC No.100039 of 2025
NATURE OF WRIT OF HABEAS CORPUS DIRECTING TO PRODUCE THE VICTIM BABY NAMELY VEDANT S/O PETITIONER AND THIS HON’BLE COURT MAY PLEASE BE RETURNED TO BABY TO PETITIONER 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 S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This Habeas Corpus petition filed under Article 226 of the Constitution of India is by the mother of the child Vedanth with a prayer to produce her son Vedanth and to return the custody of her son to the petitioner.
2. Sri. Sharad V.Magadum, learned Additional Government Advocate, submits that Sri. Vijaykumar, Circle Inspector of Police, Ron Circle, Ron is present along with the child Vedanth, Smt. Mallavva Hanamant Tegginavar – grandmother of the child, and Sri. Kuber Hanmant Tegginavar & Smt. Savita Kuber Teeginavar – uncle and aunt of the child. Learned AGA files a memo along with order sheet of the
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HC-KAR NC: 2025:KHC-D:15159-DB WPHC No.100039 of 2025
proceedings in M.C. No.80/2024 pending on the file of the Family Court at Vijayapura. The order dated 17.10.2025 passed in the above matrimonial case reads as follows:
“Petitioner present with counsel. Respondent absent. N/R. Heard the counsel for the petitioner.
Considering that already this court by order dated 19.02.2025 has given visitation right to the petitioner confirmed by Hon’ble High Court of Karnataka WPHC No.100012/2025 dated 22.05.2025.
The petitioner is on leave till 31.10.2025. Hence the respondent/mother is directed to handover the custody of the child to the petitioner till 31.10.2025. In case of the respondent not co-operating to handover the child he shall take assistance of jurisdictional police as well as jurisdictional CDPO officer.
Call on 27.11.2025.”
3. The above order would indicate that the Court had directed the custody of the child to Sri. Mallappa, the father of the child Vedanth, till 31.10.2025. By virtue of the
order of the Family Court, the child is in the custody of the father i.e., Mallappa and his family members i.e., his mother, brother and sister-in-law. It cannot be said that the
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HC-KAR NC: 2025:KHC-D:15159-DB WPHC No.100039 of 2025
child is in illegal custody. It is open for the petitioner to file an appropriate application before the Family Court for custody of the child.
With the above, the Habeas Corpus petition stands
disposed of.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
KMS, ct:vp LIST NO.: 1 SL NO.: 5