- 1 - HC-KAR NC: 2026:KHC:24723-DB WPHC No. 52 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE H.P.SANDESH AND THE HON'BLE MRS. JUSTICE P SREE SUDHA WPHC NO. 52 OF 2026 BETWEEN: MR AFZAL MUSHTAQUE PAWASKAR S/O MUSHTAQUE PAWASKAR AGE ABOUT 37 YEARS AADHAR CARD: 4867 1045 9265 R/A FLAT NO 116, A BLOCK, SAI GARDEN APARTMENTS, KEMPAPURA MAIN ROAD NARAYANAPPA GARDEN, YEMLUR BENGALURU-560 037 …PETITIONER (BY SRI. GOEL ANKUR RAMKUMAR., ADVOCATE) AND: 1. MRS POTHRAJU ARCHANA SUBHADRA W/O AFZAL MUSHTAQUE PAWASKAR D/O P D V PRASADA RAO AGE ABOUT 34 YEARS AADHAR CARD: 6901 8712 3117 R/O 55-23-55, MIG-71, H B COLONY, NEAR SIVELAYM TEMPLE VISAKHAPATNAM ANDHARA PRADESH-530 022. 2. STATE OF KARNATAKA /POLICE INSPECTOR MARAHTHAHALLI POLICE STATION BANGALORE REPRESENTED BY HCGP Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24723-DB WPHC No. 52 of 2026 3. COMMISSIONER OF POLICE 2, ALI ASKER RD, VASANTH NAGAR BENGALURU KARNATAKA-560 001. 4. COMMISSIONER OF POLICE POLICE BARRACKS SURYABAGH VISKHAPATNAM ANDHARA PRADESH-530 001. …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R2-R4) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING RESPONDENT NO.1 TO PRODUCE THE MINOR DAUGHTERS NAMELY – 1. ARIA AFZAL PAWASKAR AND 2. ZIARA AFZAL PAWASKAR BEFORE THIS HONBLE COURT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER (PER: HON'BLE MR. JUSTICE H.P.SANDESH) This Writ Petition (Habeas Corpus) is filed under Articles 226 and 227 of the Constitution of India praying to issue (a) Issue a writ in the nature of habeas corpus directing respondent NO.1 to produce the minor daughters namely - 1. - 3 - HC-KAR NC: 2026:KHC:24723-DB WPHC No. 52 of 2026 Aria Afzal Pawaskar and 2. Ziara Afzal Pawaskar before this Court, b) Grant interim and/or permanent custody of the minor children to the petitioner, in the interest and welfare of the children, c) In the alternative grant reasonable visitation, interaction and communication rights to the petitioner pending disposal of the present petition and d) Direct respondent Nos.2 to 4 to extend necessary assistance in implementation of the orders passed by this court. 2. There are 9 office objections and learned HCGP appearing for the State submits that the wife has taken the child along with her, and it is a dispute between the husband and wife and misused the power of jurisdiction by filing Habeas corpus. 3. Learned counsel also relied upon the judgment of the Hon’ble Apex Court passed in Criminal Appeal No.2194/2022, in case of Nirmala Vs Kulwant Singh and others. 4. Having considered the factual aspects of the case, as well as the submission of the counsel appearing for the respondent, it is nothing but an abuse of process invoking of writ of jurisdiction for family disputes. Instead of seeking - 4 - HC-KAR NC: 2026:KHC:24723-DB WPHC No. 52 of 2026 appropriate remedy, filed the writ petition before this court, that too invoking the writ jurisdiction for production of the child, by filing a writ of habeas corpus. Hence, the writ petition is dismissed with the cost of Rs.10,000/- to be paid within one week before the Registry. If the cost is not paid within one week, registry is directed to recover the same in accordance with law. Sd/- (H.P.SANDESH) JUDGE Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 6