- 1 - HC-KAR CNR: KAHC010508662026 NC: 2026:KHC:49717-DB WPHC No. 77 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION (HABEAS CORPUS) NO.77 OF 2026 BETWEEN: ZACHARIAH KUNCHERIA MARATTUKALAM SON OF KUNCHERIA KUNCHERIA MARATTUKALAM, AGED ABOUT 46 YEARS CURRENTLY RESIDING AT: VILLA NO. 46 AND 46 E TYPE A4, KAMMANAHALLI, OFF BANNERGHATTA ROAD, BEGUR HOBLI, BANGALORE-560 083 PERMANENT RESIDENCE AT NO.2124, PRESTIGE NOTTING HILL APARTMENTS, BANNERGHATTA ROAD, NEAR MEENAKSHI TEMPLE, KALENA AGRAHARA, BANGALORE-560 076, KARNATAKA …PETITIONER (BY SMT. LAKSHMI IYENGAR, SR. COUNSEL A/W SRI. G. R VENKATESH MURTHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SECRETARY, HOME DEPARTMENT ROOM NO.222, II FLOOR VIDHAN SOUDHA, BANGALORE-560 001 Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010508662026 NC: 2026:KHC:49717-DB WPHC No. 77 of 2026 2. THE COMMISSIONER OF POLICE, POLICE HEADQUARTERS, NRUPATHUNGA ROAD, BANGALORE 560 001 3. ARCHA MARY CHACKO WIFE OF ZACHARIA MARATTUKULAM AGED ABOUT 42 YEARS OLD RESIDING AT: VILLA NO.46 AND 46 E, TYPE A4, KAMMANAHALLI, OFF BANNERGHATTA ROAD, BEGUR HOBLI, BANGALORE 560 083 PERMANENT RESIDENCE AND AT: MUKKADAN HOUSE, TC 2/1403, PATTOM, THIRUVANANTHAPURAM 695 004, KERALA 4. KURISUMOOTTIL CHACKO CHACKO RESIDING AT: MUKKADAN HOUSE, TC 2/1403, PATTOM, THIRUVANANTHAPURAM 695 004, KERALA …RESPONDENTS (BY SRI. B.N.JAGADEESHA, SPP-1 A/W SMT. DEEPTHI ALVA, HCGP FOR R1 & R2; SMT. LEKHA CHANDRASHEKAR, ADV. FOR SRI. RAGHURAM CADAMBI, ADV. FOR R3; R4 IS SERVED AND UNREPRESENTED) THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF HABEAS CORPUS OR OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO PRODUCE MASTER ZACHARIA AND MISS MILA, BEING THE CHILDREN OF THE PETITIONER BEFORE THIS COURT. - 3 - HC-KAR CNR: KAHC010508662026 NC: 2026:KHC:49717-DB WPHC No. 77 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition (Habeas Corpus) is filed seeking directions to the police to produce the children of the petitioner before this Court. 2. The learned counsel appearing for respondent No.3 submits that respondent No.3 is the wife of the petitioner and that there are multiple proceedings pending between the parties. It is also submitted that the children are in the custody of respondent No.3. 3. In view of the fact that the mother has entered appearance before the Court and submits that the children are safe and in her custody, we are of the opinion that the Writ Petition (Habeas Corpus) would no longer be maintainable. However, we leave open all the contentions of the parties - 4 - HC-KAR CNR: KAHC010508662026 NC: 2026:KHC:49717-DB WPHC No. 77 of 2026 including the question as to where the children were ordinarily resident to be decided in appropriate proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE RAK List No.: 2 Sl No.: 1