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2026 DAILYLAW 39934 (KAR)

SMT. LEENA ABRAHAM v. STATE OF KARNATAKA

WP/20744/2026 · 2026-09-17

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010461722026 NC: 2026:KHC:50799 WP No. 20744 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20744 OF 2026 (EDN-RES) BETWEEN: 1. SMT. LEENA ABRAHAM W/O. BYJU JOSEPH, AGED ABOUT 44 YEARS, OCC: HOUSE WIFE, 2. KUMARI. ELSA LEENA D/O. SMT. LEENA ABRAHAM, AND BYJU JOSEPH, AGED ABOUT 09 YEARS, BOTH ARE RESIDING AT NO. A-901, BRIGADE GARDENIA APARTMENT, J.P NAGAR 7TH PHASE, BANGALORE-560 078. PETITIONER NO.2 IS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LEENA ABRAHAM, … PETITIONERS (BY SMT. LEENA ABRAHAM, PARTY-IN-PERSON) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010461722026 NC: 2026:KHC:50799 WP No. 20744 of 2026 AND: 1. STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMISSIONER, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, BENGALURU - 560 001. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI), BENGALURU SOUTH DISTRICT, BENGALURU - 560 002. 4. THE BLOCK EDUCATION OFFICER (BEO), BENGALURU SOUTH EDUCATIONAL BLOCK, BENGALURU - 560 002. 5. THE PRINCIPAL, BISHOP COTTON GIRLS' SCHOOL, NO. 19, 3RD CROSS, MISSION ROAD, BENGALURU - 560 027. 6. THE WARDEN, BOARDING SECTION, BISHOP COTTON GIRLS' SCHOOL, MISSION ROAD, BENGALURU - 560 027 7. THE SECRETARY / CORRESPONDENT / MANAGEMENT BISHOP COTTON GIRLS' SCHOOL, - 3 - HC-KAR CNR: KAHC010461722026 NC: 2026:KHC:50799 WP No. 20744 of 2026 MISSION ROAD, BENGALURU - 560 027. … RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1 TO R4; SRI OJASWI, ADVOCATE FOR R5 AND R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING A) TO ISSUE A WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS 5, 6 AND 7 AND THE RESPONDENT SCHOOL TO ENSURE UNINTERRUPTED EDUCATION OF THE MINOR CHILD WITHOUT COERCION OR ADMINISTRATIVE PRESSURE STRICTLY IN ACCORDANCE WITH LAW AND WITHOUT MAKING THE CHILD SUFFER ON ACCOUNT OF DISPUTES BETWEEN THE PARENTS VIDE ANNEXURE A & B DATED 17.06.2026 AND 29.05.2026 AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER After hearing the matter for sometime, the party-in- person/first petitioner submits that she intends to collect the Transfer Certificate and other documents including the belongings of the child (second petitioner) as the child is staying in the Hostel of the 5th respondent School. 2. In light of such intention/opinion expressed in the Open Court, learned counsel for respondent no.5 is directed to instruct the respondent no.5 to make arrangements for handing - 4 - HC-KAR CNR: KAHC010461722026 NC: 2026:KHC:50799 WP No. 20744 of 2026 over the Transfer Certificate and all other belongings belong to the minor child in the Boarding School/Hostel. 3. The court is conscious that it is in the middle of the Academic Year, however, the party-in-person expresses certain apprehensions for continuance in the same school. Accordingly, the order is passed. 4. In light of the submission made and at the risk of the petitioner/party-in-person, the respondent no.5 is directed to issue the Transfer Certificate and hand over all belongings in the Boarding School/Hostel that belong to the minor child. 5. In light of apprehension expressed by the petitioner, the court deems it fit to fix the date and time to hand over such documents and articles belonging to the second petitioner. 6. The petitioner/party-in-person to present herself before the Administrative Office of the 5th respondent School on 21.09.2026 at 11.30 a.m., for collecting the Transfer Certificate and all other belongings belong to the minor child in the Boarding School/Hostel. - 5 - HC-KAR CNR: KAHC010461722026 NC: 2026:KHC:50799 WP No. 20744 of 2026 7. Learned counsel for respondent no.5 to appropriately instruct the respondent no.5 school authorities to ensure compliance of the order of the court. 8. Insofar as name of the second petitioner to be entered in the Transfer Certificate, petitioner submits that necessary records would be handed over to the 5th respondent, in terms of which necessary name may be entered in the Transfer Certificate of the child. 9. In light of the submissions made and without entering into the merits of the case, the petition is disposed of. 10. List the matter on 28.09.2026 as petitioner submits that compliance would be reported. Sd/- (S SUNIL DUTT YADAV) JUDGE NP/-