- 1 - NC: 2025:KHC-K:1695-DB WPHC No. 200005 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION HABEAS CORPUS NO.200005 OF 2025 () BETWEEN: LAXMI W/O APPASAHEB SALUNKE, @ LAXMI D/O MARUTI JADAV, AGE: 40 YEARS, OCC: SERVICE, R/O SHAPUR AGASI, KESHAPUR MATTA, JAIL ROAD, VTC VIJAYAPUR-586101. …PETITIONER (BY SRI. BHARAMAGOUDA K. PATIL, ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE, VIJAYAPUR VIJAYAPUR-586101. 2. THE POLICE SUB INSPECTOR, MAHEELA POLICE STATION, VIJAYAPUR VIJAYAPUR-586101. 3. THE POLICE SUB INSPECTOR TIKOTA POLICE STATION, VIJAYAPUR-586101. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1695-DB WPHC No. 200005 of 2025 4. THE CHILD DEVELOPMENT PROJECT OFFICER URBAN BRANCH, VIJAYPUR VIJAYAPUR-586101. 5. APPASAHEB S/O ANNAPPA SALUNKE AGE: 45 YEARS, OCC: COOLI, HONWADA, TQ. TIKOTA DIST. VIJAYAPUR 6. SMT. VANDANA W/O BALU KAPSE, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD, R/O STATION ROAD, NEAR SUGUR FACTORY MALLEWASTE JATH, TQ. JATH, DIST. SANGLI (MAHARASHTRA STATE) (AMENDED AS PER ORDER DATED 10.02.2025) …RESPONDENTS (BY SRI. MALLIKARJUN BASAREDDY, GA FOR R1 TO R4; SRI. I. R. BIRADAR, ADVOCATE FOR R5 AND R6) THIS WRIT PETITION OF HABEAS CORPUS IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS THEREBY DIRECTING THE RESPONDENTS POLICE TO PRODUCE THE KUMARI SHRISHA WHO IS ILLEGALLY DETAINED BY THE HUSBAND OF THE PETITIONER APPASAHEB AND ONE SMT. VANDANA R/O JETTA VILLAGE MAHARASHTRA STATE AND HANDED OVER TO THE PETITIONER. - 3 - NC: 2025:KHC-K:1695-DB WPHC No. 200005 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This petition is filed by one Smt. Laxmi w/o Appasaheb Salunke seeking following reliefs: “To issue a writ in the nature of Habeas Corpus thereby directing the respondents-police to produce the Kumari Shrisha who is illegally detained by the husband of the petitioner Appasaheb and one Smt. Vandana r/o Jetta village, Maharashtra state and handed over to the petitioner” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner and respondent No.5 are the husband and wife and because of the estranged relations, they are residing separately. He submits that respondent No.5 has illegally detain minor ward Kumari Shrisha, who is aged - 4 - NC: 2025:KHC-K:1695-DB WPHC No. 200005 of 2025 about 6 years. Hence, he seeks to allow the writ petition by handing over the custody of the minor ward to the petitioner. 4. Per contra Sri. I. R. Biradar, learned counsel appearing for respondent Nos.5 and 6 submits that respondent No.6 is the sister of respondent No.5 and submits that it is the because of the estranged relations between husband and wife, the petitioner left the matrimony home and started residing along with her parents. While going, she has left the minor ward with the father, who has admitted the ward in a school. Hence, he seeks to dismiss the petition. 5. We have heard the arguments of both sides and perused the material record. We have also interacted with the child, she stated that she is with her father and willing to continue to stay with him. 6. The parties to the proceedings have made several allegations against each other with regard to the custody of the minor ward. It is the case of the petitioner - 5 - NC: 2025:KHC-K:1695-DB WPHC No. 200005 of 2025 that the husband has illegally taken the custody of the minor ward against her will, which has been denied by her husband by way of an affidavit stating that it is the petitioner-mother, who left the child in the matrimonial home and started residing with her parents at Vijayapura. It is very difficult for this Court to give a finding with regard to the entitlement of custody of the minor ward in the present proceedings. Admittedly, the child is in custody of the respondent No.5-father and going to school as per the records. Hence, we are of the considered view that at this stage, it would not be appropriate to disturb the custody of child from the respondent No.5. 7. We make it clear that we have not recorded any finding in the present proceedings with regard to the entitlement of the custody of minor ward by both the parties. It is always open for the either of the parties to work out their remedies as per the law. We also take a note of the fact that the petitioner is a working women and residing at Vijayapura, which is away from her matrimonial - 6 - NC: 2025:KHC-K:1695-DB WPHC No. 200005 of 2025 home. Considering all these facts, we do not find any reason to pass order for handing over the custody of the minor ward to the petitioner in the present proceedings. Accordingly, the writ petition is disposed off. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE NJ List No.: 1 Sl No.: 12 CT:SI