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2026 DAILYLAW 19852 (KAR)

SRI GEGIN GEORGE v. SRI GENOY GEORGE

WPHC/57/2026 · 2026-06-09

Anu Sivaraman, Venkatesh Naik T

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27361-DB WPHC No. 57 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T W.P.H.C. NO.57 OF 2026 BETWEEN: SRI GEGIN GEORGE S/O LATE V. P. GEORGE, AGED ABOUT 40 YEARS, R/AT NO. 133, 2ND MAIN, 2ND CROSS, HAL 3RD STAGE, BENGALURU - 560 075 PRESENTLY RESIDING AT NO.110, VINCENT STREET, BINGHAMTON, NEW YORK 13905 U.S.A. REPRESENTED BY HIS POWER OF ATTORNEY SMT. N S. VIJAYA W/O LATE S. RAJARAM, AGED ABOUT 63 YEARS, R/AT NO.76, 2ND CROSS, 2ND MAIN, KRISHNA NAGAR J P NAGAR, 8TH PHASE, BENGALURU - 560078 …PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27361-DB WPHC No. 57 of 2026 AND: SRI GENOY GEORGE S/O LATE V. P. GEORGE, AGED ABOUT 43 YEARS RESIDING AT NO.133 2ND MAIN, 2ND CROSS HAL 3RD STAGE, BENGALURU - 560 075 …RESPONDENT (BY SRI. THEJESH P., HCGP) * * * THIS W.P.H.C. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT ORDER, INCLUDING A WRIT OF HABEAS CORPUS, DIRECTING THE RESPONDENT TO PRODUCE THE PETITIONER'S MOTHER - SMT. ACHAMMA GEORGE BEFORE THIS HON'BLE COURT OR BEFORE A COMPETENT AUTHORITY TO ASCERTAIN HER SAFETY, WELL-BEING, AND FREE WELL AND ETC., THIS W.P.H.C., COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2026:KHC:27361-DB WPHC No. 57 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition (Habeas Corpus) is filed seeking directions to the respondent to produce the petitioner’s mother before this Court or before the competent authority. 2. We notice that the contention in the writ petition is that the petitioner’s mother has been taken by the respondent, who is her son, i.e., the petitioner’s brother, to Kerala and that the petitioner is unaware of the whereabouts of his mother. It is clear from the pleadings in the writ petition and the complaints preferred by the petitioner before the Police that the petitioner’s family owns a property in Kerala and that the residential address of the respondent in Kerala is also known to the petitioner. 3. In the above circumstances, and in view of the admission contained in the writ petition to the effect that the petitioner’s mother is not in Karnataka and has been - 4 - HC-KAR NC: 2026:KHC:27361-DB WPHC No. 57 of 2026 taken to Kerala by his brother, we are of the opinion that this writ petition seeking a writ of Habeas Corpus directing the respondent herein to produce the petitioner’s mother is not maintainable. Accordingly, the writ petition (Habeas Corpus) is dismissed. However, we make it clear that no opinion has been expressed on merits of the matter and all the contentions are left open to be decided in the appropriate proceedings. All pending interlocutory applications, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE AM List No.: 2 Sl No.: 1