- 1 - HC-KAR NC: 2025:KHC:46663-DB WPHC No. 123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION (HABEAS CORPUS) NO. 123 OF 2025 BETWEEN: SMT. GULABSHA KHANUM WIFE OF SHABAAZ KHAN AGED ABOUT 31 YEARS RESIDING AT No.5D KHANESHUMARI No.47 NEAR UBK MODEL SCHOOL BILWARDAHALLI BENGALURU SOUTH BENGALURU-560 083 …PETITIONER (BY SRI. HARSHITH N. BALAKRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BENGALURU- 560 001 2. BANNERGHATTA POLICE STATION BANNERGHATTA BENGALURU-560 083 3. SRI. SHABAAZ KHAN AGED MAJOR S/O KHADAR NAWAZ KHAN Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46663-DB WPHC No. 123 of 2025 RESIDENT OF No.5D KHANESHUMARI No.47 BILWARDAHALLI BENGALURU-560 083 4 . SMT. YASMEEN SULTANA AGED MAJOR W/O KHADAR NAWAZ KHAN RESIDENT OF No.5D KHANESHUMARI No.47 BILWARDAHALLI BENGALURU-560 083 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 & R2) THIS WP(HC) IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, BY THE PETITIONER, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO (a) ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER TYPE OF WRIT OR ORDER TO PRODUCE THE MINOR CHILDREN OF THE PETITIONER I.E., MOHAMMED AARAB KHAN AND HAMDAN AHMED KHAN, BEFORE THIS HON'BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:46663-DB WPHC No. 123 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the petitioner. 2. This writ petition(habeas corpus) is filed seeking the following reliefs: a) Issue a Writ of habeas corpus or any other type of Writ or order to produce the minor children of the Petitioner i.e., Mohammed Aarab Khan and Hamdan Ahmed Khan., before this Hon'ble Court in the interest of justice and equity. b) To pass such other orders as this Hon'ble court deems fit to pass in the circumstances of the case in the interest of justice and equity. 3. We notice that the substantial prayer in the writ petition is with regard to custody of the minor children. Respondent No.3 herein is admittedly the writ petitioner's husband and respondent No.4 is her mother in law. We are of the definite opinion that it is the matter relating to the custody of minor children and since no illegal detention is involved, the matter has to be agitated in appropriate proceedings. Leaving - 4 - HC-KAR NC: 2025:KHC:46663-DB WPHC No. 123 of 2025 open all the contentions of the parties, the writ petition(habeas corpus) is dismissed as not maintainable. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 2 Sl No.: 1