- 1 - HC-KAR NC: 2026:KHC:13336 WP No. 5565 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5565 OF 2026 (GM-RES) BETWEEN: SRI R. MADHU S/O RAJANNA RETIRED POLICE AGED ABOUT 46 YEARS R/AT AVAMANE, NEAR MUKTHAMBA CHOWLTRY, GEDDALAHALLI MAIN ROAD TUMAKURU - 572 102. …PETITIONER (BY SRI N. KUMAR, ADV.) AND: CHILD WELFARE COMMITTEE (A BENCH OF MAGISTRATE CONSTITUTED UNDER SECTION 27(9) OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND KARNATAKA JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) RULES, AT AMARJYOTHINAGAR KUNIGAL ROAD, TUMAKUR - 572 201 REPTD. BY PRESIDENT. …RESPONDENT (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT-COMMITTEE, TO FORTHWITH HANDOVER THE CUSTODY OF MINOR SON Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13336 WP No. 5565 of 2026 MASTER ARNAV (AGED 12 YEARS) IN FAVOUR OF THE PETITIONER BY CONSIDERING THE REPRESENTATIONS DATED 26.01.2026, 28.01.2026, 28.01.2026 AND 02.02.2026 AT ANNEXURE-F, G, H AND J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a direction against the respondent/committee to forthwith handover the custody of minor son Master Arnav, aged about 12 years to the petitioner, who is the father and natural guardian of the child. 2. Pursuant to the direction issued by this Court, the respondent–Committee has produced the minor child before this Court today. The Chairperson of the respondent–Committee is also present along with the child in compliance with the order dated 03.03.2026. This Court has interacted with the minor child, who is aged about 12 years, in the presence of the Chairperson. During the - 3 - HC-KAR NC: 2026:KHC:13336 WP No. 5565 of 2026 course of interaction, the child has clearly expressed his willingness to accompany and reside with his father. The demeanour, responses and overall conduct of the child were carefully observed by this Court. On such interaction, this Court is satisfied, prima facie, that the child is well acquainted with his father and shares a sense of familiarity and emotional bonding with him. The child appeared comfortable in the presence of his father and has voluntarily indicated his desire to go with him. 3. In light of the interaction held with the child and taking note of the observations recorded by this Court, the Chairperson of the respondent–Committee, who is present before this Court, has also submitted that the Committee does not have any objection to the custody of the minor child being handed over to the petitioner–father. It is further stated that the petitioner, being the natural guardian of the child, is entitled to take care of the minor and provide the necessary parental support required for the child’s well-being. - 4 - HC-KAR NC: 2026:KHC:13336 WP No. 5565 of 2026 4. Having regard to the peculiar facts and circumstances of the present case, this Court cannot lose sight of the fact that the minor child has already been deprived of maternal care. In such a situation, the child requires emotional security, parental affection and a stable familial environment for his healthy psychological and emotional development. In the absence of the mother, the presence, care and guidance of the father assume greater significance. A child of tender age particularly requires nurturing, emotional support, protection and moral guidance which can best be provided within the familial fold. Denial of such parental care, especially when the father is ready and willing to assume responsibility, would not be in the welfare and best interest of the child. 5. The welfare of the minor child being the paramount consideration, and having regard to the child’s own expressed willingness, his comfort with the petitioner–father, and the absence of any objection from the respondent–Committee, this Court is of the considered - 5 - HC-KAR NC: 2026:KHC:13336 WP No. 5565 of 2026 opinion that it would be in the best interest of the child that his custody is handed over to the petitioner–father so that he may receive the emotional support, care, protection and upbringing necessary for his overall well- being and development. 6. In view of the above, the Chairperson of the respondent–Committee, who is present before this Court, has handed over the custody of the minor child to the petitioner–father. In the circumstances, no further orders are required to be passed. 7. Accordingly, the petition stands disposed of with a direction to the father that he will ensure the safety of the child and take care of the child. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 1