- 1 - HC-KAR NC: 2025:KHC:49091-DB WPHC No. 116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH 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.116 OF 2025 BETWEEN: AASHISH SINGHAL FATHER OF MINOR CHILD NISKA SINHAL, SON OF SRI ASHOK SINGHAL (AGARWAL), AGED ABOUT 34 YEARS, ADDRESS: NO.66 GM 3RD CROSS ROAD, (OLD 237/25) MTB AREA, FIRST FLOOR, JAYANAGAR 4T BLOCK, PO AND PS - TILAKNAGAR, BANGALORE-560041, MOBILE 78901 01789 EMAIL-Ashish.sinhal@outlook.com …PETITIONER (BY SRI. AASHISH SINGHAL, PARTY IN PERSON) AND: 1. NEETIKA AGARWAL @ NEETIKA VERMA MOTHER OF MINOR CHILD NISKA SINHAL, DAUGHTER OF MR. SP VERMA PERMANENT ADDRESS C/O. SHILPI AGARWAL, GANJA GALI, DHANKAL BASTI, PO AND PS CHIRKUNDA, DISTRICT DHANBAD, JHARKHAND, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49091-DB WPHC No. 116 of 2025 PIN-828 202, MOBILE 87895 23522 EMAIL-neetikaa380@gmail.com ...(DETAINING CUSTODY) 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU - 560 001. 3. DIRECTOR GENERAL OF POLICE KARNATAKA POLICE HEADQUARTERS NRUPATHUNGA ROAD, BENGALURU - 1 KARNATAKA. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R2 & R3) THE WP(HC) IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION COMMANDING RESPONDENT NO.1 TO PRODUCE THE MINOR CHILD NISKA SINHAL BEFORE THIS COURT IMMEDIATELY AND DECIDE ON CUSTODY AND INTERIM CUSTODY TILL THE PENDENCY OF THE CASE IN VIEW OF WELFARE, PROPER CARE, NURTURING ENVIRONMENT OF THE MINOR CHILD, MORE TIME WITH PARENT AND TO ENSURE MEDICAL EVALUATION/CONSULTATION, TREATMENT AND THERAPY WITH BEST DOCTORS IN BENGALURU 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:49091-DB WPHC No. 116 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition (Habeas Corpus) is filed seeking the following reliefs:- "1) Issue a writ of Habeas Corpus or any other appropriate writ, order or direction commanding respondent No.1 to produce the minor child Niska Sinhal before this Hon'ble Court immediately and decide on custody and interim custody till the pendency of the case in view of welfare, proper care, nurturing environment of the minor child, more time with parent and to ensure medical evaluation/consultation, treatment and therapy with best doctors in Bengaluru; 2) Direct respondent No.1 to not obstruct medical evaluation and treatment of the child and to co- operate with medical examination and therapy as deemed necessary by a qualified pediatrician/child psychologist; 3) Direct respondent No.2 & 3 to assist in locating and producing the child before this Hon'ble Court; and 4) Pass such other and further orders as this Hon'ble Court may deem just, proper, and in the interest of justice and welfare of the child." 2. Heard Shri. Aashish Singhal/petitioner/party-in- person and Shri. P. Thejesh, learned High Court - 4 - HC-KAR NC: 2025:KHC:49091-DB WPHC No. 116 of 2025 Government Pleader appearing for respondents No.2 and 3. 3. On 03.11.2025, we had issued notice to respondent No.1 for appearance before this Court virtually. The petitioner/party-in-person was also directed to deposit an amount of Rs.25,000/- before the Registry by way of Demand Draft in favour of the Registrar General, High Court of Karnataka. The same has been complied with. Thereafter, respondent No.1 appeared in person online and we had an interaction with her. She contended that the apprehension of the petitioner with regard to the condition of the child is incorrect and that she would forward the medical records. Today, some prescriptions have been placed before us. The petitioner has also submitted certain documents before us. He contended that he had been to Jharkhand, where he met respondent No.1 and the child, thereafter, the child was also taken for medical checkup and he has produced the medical reports of the same. - 5 - HC-KAR NC: 2025:KHC:49091-DB WPHC No. 116 of 2025 4. The petitioner contends that in view of the fact that the health of the child is in issue, this Court would definitely have the jurisdiction to consider the writ petition, since the best interest of the child is involved and the child is not being given proper medical attention. 5. In support of his contentions, the petitioner - party-in-person relies on the following decisions:- • Tejaswini Gaud & Ors. v. Shekhar Jagdish Prasad Tewari & Ors., reported in (2019) 7 SCC 42; • Nithya Anand Raghavan v. State(NCT of Delhi), reported in (2017) 8 SCC 454; • Gaurav Nagpal v. Sumedha Nagpal, reported in (2009) 1 SCC 42; • Ruchi Majoo v. Sanjeev Majoo reported in (2011) 6 SCC 479; • Yashita Sahu v. State of Rajasthan, reported in (2020) 3 SCC 67; • Elizabeth Dinshaw v. Aravand M. Dinshaw, reported in (1987) 1 SCC 43; • Roxann Sharma v. Arun Sharma (2015) reported in (2015) 8 SCC 318; - 6 - HC-KAR NC: 2025:KHC:49091-DB WPHC No. 116 of 2025 • Lahari Sakhamuri v. Shoban Kodali reported in (2019) 7 SCC 311. 6. The petitioner has also placed further materials on record. 7. After considering the contentions advanced, we notice that the child is admittedly in the custody of her mother and matrimonial proceedings are pending between the parties in the Family Court at Jharkhand. We are of the clear opinion that even in case all the contentions of the petitioner were to be accepted, since the child is presently in Jharkhand, it is for the petitioner to move before the competent Court at Jharkhand for appropriate relief. In case, the petitioner requires any assistance in this matter, he may approach the Member Secretary of the District Legal Services Authority at Bengaluru, who will take necessary steps to see that the petitioner's grievances are appropriately addressed and he is given the proper legal assistance for the said purpose. - 7 - HC-KAR NC: 2025:KHC:49091-DB WPHC No. 116 of 2025 8. However, we have no hesitation to hold that the present writ petition seeking a writ of Habeas Corpus would not be maintainable in the facts of the instant case. 9. Accordingly, Writ Petition (Habeas Corpus) stands disposed of. In view of the fact that no further steps have been taken by us in this writ petition, the amount in deposit shall be refunded to the petitioner/party-in-person. Registry shall release the amount in favour of the petitioner/party-in-person. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE CP List No.: 2 Sl No.: 1