1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2021 PRESENT THE HON’BLE MR. JUSTICE ARAVIND KUMAR AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR W.P.H.C. NO.11/2021 BETWEEN: SRI. KAUSHIK SHAW S/O SRI. KAMAL KUMAR SHAW AGED ABOUT 33 YEARS OCC: CHARTERED ACCOUNTANT R/AT B-3606 SNR SILVER RIPPLES SARJAPURA ROAD BANGALORE - 562 125. ...PETITIONER (BY SRI. P.B. RAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA BENGLAURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER OF POLICE BENGALURU CITY POLICE NO.1, INFANTRY; ROAD BENGLAURU - 560 001. 2 3. THE STATION HOUSE OFFICER SARJAPURA POLICE STATION, SARJAPURA, BENGALURU 562 125. 4. THE COMMISSIONER OF POLICE KOLKATA POLICE HEAD QUARTERS 18, LALBAZAR STREET KOLKATA - 700 001. 5. THE STATION HOUSE OFFICER KASBA POLICE STATION 27A, BOSEPUKUR ROAD TALBAGAN, BOSEPUKUR KASBA, KOLKATA - 700 042. 6. SMT. SULAGNA MUKHERJEE W/O SRI. KAUSHIK SHAW AGED ABOUT 34 YEARS OCC: CHARTERED ACCOUNTANT R/AT 87/33A/7, BOSEPUKUR ROAD BOSEPUKUR, KOLKATA - 700 042. …RESPONDENTS (BY SRI. V.S. HEGDE, S.P.P-II AND SRI. G.V. SHASHIKUMAR, A.G.A, FOR R-1 TO R-3) THIS W.P.H.C. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS NOS.1 TO 5 TO MAKE NECESSARY ENQUIRY AND INVESTIGATE AND ASCERTAIN THE MINOR CHILD OF THE PETITIONER AND SECURE HIS PRESENCE BEFORE THIS HON'BLE COURT AND PUT THE CHILD IN THE CUSTODY OF THE PETITIONER OR PASS SUCH OTHER DIRECTIONS ENABLING THE PETITIONERS TO HAVE VISITATION OF HIS MINOR CHILD. THIS PETITION COMING ON FOR ORDERS THIS DAY, ARAVIND KUMAR J., MADE THE FOLLOWING: 3 O R D E R This petition is filed by the father of the minor child “xxx” praying for a writ of habeas corpus being issued to respondent Nos.1 to 5 to investigate and ascertain the present location of minor child and to secure his presence before the Court and to put the child in the custody of petitioner on the ground that visitation rights granted to petitioner has been violated by sixth respondent. 2. Learned counsel appearing for respondent Nos.1 to 5 has stated that minor child is in the custody of respondent No.6, who is the mother of minor child pursuant to order passed by the jurisdictional court on 31.07.2020. 3. Learned Advocates appearing for parties in consultation with their respective parties have agreed that on account of child being three (3) years old, it is practically difficult to ensure that child would participate or sit through continuously in the video conference and 4 as such they have agreed that minor child, who is now residing with respondent No.6 at Kolkata would be brought before the Mediation and Conciliation Committee, High Court, Kolkata, Office: 5, Council House Street, Kolkata-700001, for ensuring that child would be in the company of petitioner-father for 2 hours on first Saturday of every month and he would be in the company of minor child at Mediation and Conciliation Committee, High Court, Kolkata, Office: 5, Council House Street, Kolkata-700001, till further orders are passed by the jurisdictional court with regard to custody of the minor child. It is also agreed that for the visitation rights of petitioner on 27.03.2021, the child will be produced before the Mediation Centre as aforesaid to enable the petitioner to visit the child. 4. The Secretary, Mediation and Conciliation Committee, Kolkata, is requested to ensure that a conducive and cordial atmosphere is created to enable the petitioner to have the visitation rights and both 5 parties are directed to cooperate in the paramount interest of the child. 5. In the light of aforesaid direction, this petition stands disposed of reserving liberty to both the parties to move this court for revival of this petition in the event of there being any hurdle or difficulty in implementing the order. Registry is directed to forward copy of this order to the Secretary, Mediation and Conciliation Committee, High Court, Kolkata, Office: 5, Council House Street, Kolkata-700001 by mail. SD/- JUDGE SD/- JUDGE DR