- 1 - HC-KAR NC: 2025:KHC:39867-DB W.P.H.C. No.108/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL W.P.H.C. NO.108/2025 BETWEEN: MS. PEGAH ZANGENEH NASERI D/O MR. JAHANGIR ZANGENEH NASERI AGED ABOUT 43 YEARS R/AT. 7309, EAST SINGINGWOOD DR. ANAHEIM, CALIFORNIA UNITED STATES OF AMERICA - 92808. …PETITIONER (BY SMT. SONIA RAJESH, ADV.,) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOMES AND EXTERNAL AFFAIRS VIDHANA SOUDHA BENGALURU - 560 001. 2. THE COMMISSIONER OF POLICE MYSURU CITY LOKARANJAN MAHAL RD DOORA, MYSURU KARNATAKA 570010. 3. THE SUPERINTENDENT OF POLICE HYDER ALI ROAD KITTUR RANI CHENNAMMA CIRCLE JALAPURI, MYSORE - 570019. 4. THE STATION HOUSE OFFICER V.V MOHALLA POLICE STATION B.C. LINGAIAHA CIRCLE, TEMPLE ROAD Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:39867-DB W.P.H.C. No.108/2025 NEAR AXIS BANK, VONTI KOPPAL VANI VILAS MOHALLA, MYSURU KARNATAKA 570002. 5. SUMEET SUSHEEL WADHWANI S/O SUSHEEL WADHWANI AGED ABOUT 47 YEARS R/A 240, 8TH CROSS GOKULAM 3RD STAGE, MYSURU-570002. 6. MASTER KAIRAV SUMEET WADHWANI (MINOR 7 YEARS) REP. BY THE FATHER (RESPONDENT NO. 5) S/O MR. SUMEET SUSHEEL WADHWANI LAST KNOWN AT 240, 8TH CROSS GOKULAM 3RD STAGE, MYSURU-570002. …RESPONDENTS THIS WPHC IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS DIRECTING RESPONDENT NOS.1 TO 4 TO INVESTIGATE AND TRACE MASTER KAIRAV SUMEET WIDHWANI, DETENUE, SON OF THE PETITIONER HEREIN, AND TO PRODUCE HIM BEFORE THIS HON'BLE COURT, HANDING OVER THE CUSTODY OF MASTER KAIRAV SUMEET WADHWANI (DETENUE) FROM RESPONDENT NO.5 TO BE THE PETITIONER. ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT TO HAND OVER THE CUSTODY OF THE CHILD FROM RESPONDENT NO.5 TO THE PETITIONER & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:39867-DB W.P.H.C. No.108/2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs: "a) Issue a Writ of Habeas Corpus directing Respondent No.1 to 4 to investigate and trace MASTER KAIRAV SUMEET WADHWANI, DETENU, son of the petitioner herein, and to produce him before this Hon'ble Court, handing over the custody of Master Kairav Sumeet Wadhwani (DETENU) from Respondent No.5 to the Petitioner. b) Issue a Writ of Habeas Corpus or any other appropriate writ to hand over the custody of the child from the Respondent No.5 to the petitioner. c) Pass any other appropriate Order, Writ, or direction as this Hon'ble court may deems fit to grant to meet the ends of justice and equity." 2. Having considered the contentions advanced and having heard the learned counsel for the writ petitioner, we are of the opinion that it is a fit case where the parties have to approach the Family Court with regard to custody of the minor child. 3. It is submitted by the learned counsel for the petitioner that the Family Court has already been approached but that whereabouts of the child are not known to the petitioner. - 4 - HC-KAR NC: 2025:KHC:39867-DB W.P.H.C. No.108/2025 4. In view of the fact that the private respondent herein is the father of the child and the issue raised is specifically with regard to the custody of the child, we are of the opinion that this Writ Petition Habeas Corpus is not maintainable. Writ Petition is accordingly disposed of leaving open all the contentions of the parties and their rights to approach the appropriate Courts and seek remedies in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 2