Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 17823 (KAR)

MRS. PRIYANKA D. M. v. STATE OF KARNATAKA

WPHC/49/2026 · 2026-05-07

Rajesh Rai K, Sachin Shankar Magadum

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24673-DB WPHC No. 49 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION HABEAS CORPUS NO. 49 OF 2026 BETWEEN: MRS. PRIYANKA D. M. D/O MR. S. DHAKSHINA MURTHY AGED ABOUT 34 YEARS R/O NO.109, INDIRA STREET 4TH CORSS NEAR AMARNATH MEDICAL SUBBAYYANAPALYA BENGALURU-560 033 …PETITIONER (BY SRI. MANU SHANKAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SECRETARY DEPARTMENT OF HOME AFFAIRS VIKAS SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE COMMISSIONER OF POLICE BENGALURU CITY Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24673-DB WPHC No. 49 of 2026 INFANTRY ROAD BENGALURU-560 001 3. MR.KALAIVANAN.S S/O MR.SEHARAN AGED ABOUT 38 YEARS R/O TMC SEHARAN 667 1ST STREET, 5TH MAIN ROAD AAVIN BOOTH SECRETARIAT COLONY THORAIPAKKAM KARAPAKKAM-600 097 TAMIL NADU …RESPONDENTS (BY SRI. RAJATH SUBRAMANYAM, HCGP FOR R1& R2 SRI. KALAIVANNAN S., ADVOCATE FOR R3) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA WHEREIN PETITIONER PRAYS THAT THE HONBLE COURT BE PLEASED TO I) ISSUE A WRIT OF HABEAS CORPUS TO THE RESPONDENT NO.1 STATE THEREBY DIRECT THE RESPONDENT NO.2 POLICE TO BRING THE MINOR CHILD TO THIS HON'BLE COURT AT THE EARLIEST. II) DIRECT THE RESPONDENT NO.3 TO COOPERATE WITH THE RESPONDENT NO.2 POLICE AND HANDOVER THE CUSTODY OF MISS. KAIRA TO THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM and HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This Court, vide order dated 05.05.2026, had directed the learned HCGP to secure the minor child and - 3 - HC-KAR NC: 2026:KHC:24673-DB WPHC No. 49 of 2026 produce the child before this Court in compliance with the order passed by this Court. 2. Sri.Arun Salunke, Inspector of Police, Banaswadi Police Station, is present before this Court. 3. The minor child is now handed over to the petitioner, who is the mother of the child. On a pointed query made by this Court to the learned counsel appearing for the petitioner as to whether the petitioner/wife is willing to permit visitation and access to the respondent/father, learned counsel submits that the respondent, being the father of the minor child, is entitled to visitation and access to his daughter and that there is no objection to the same. 4. Learned counsel appearing for the petitioner/wife, on instructions, further submits that the petitioner has absolutely no objection in permitting the respondent/ father to have access to the child as and when sought for in accordance with law. - 4 - HC-KAR NC: 2026:KHC:24673-DB WPHC No. 49 of 2026 5. Learned counsel appearing for the respondent/ husband, however, submits that the minor child was never illegally removed from the custody of the petitioner/wife. On the contrary, it is contended that the petitioner had voluntarily entrusted the custody of the child to the respondent and that the present petition is misconceived. 6. Be that as it may, now that the dispute stands amicably resolved between the parties and the custody of the minor child has been restored to the petitioner/mother, this Court is of the view that no further orders are required to be passed in the present petition. Accordingly, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (RAJESH RAI K) JUDGE NBM List No.: 1 Sl No.: 9