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2026 DAILYLAW 5094 (KAR)

SMT. CHANDRAVENI D v. STATE OF KARNATAKA

WPHC/44/2026 · 2026-04-30

Anu Sivaraman, Tara Vitasta Ganju

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:24235-DB WPHC No. 44 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION (HABEAS CORPUS) NO. 44 OF 2026 BETWEEN: 1. SMT. CHANDRAVENI D W/O MR PONNUSAMY AGED ABOUT 52 YEARS RESIDING AT D-401, AKSHAYA APARTMENTS SUNDARAPURAM COIMBATORE - 641 024 TAMIL NADU AND PRESENTLY RESIDING AT HER SISTER'S RESIDENCE AT BENGALURU. …PETITIONER (BY SRI. GOUTAM BASU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY HOME DEPARTMENT BENGALURU-560 001. 2. THE STATION HOUSE OFFICER WHITEFIELD POLICE STATION BENGALURU-560 066. 3. THE STATION HOUSE OFFICER KADUGUDI POLICE STATION Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:24235-DB WPHC No. 44 of 2026 BENGALURU-560 067. 4. MR. PONNUSAMY S/O LATE RANGASWAMY AGED ABOUT 57 YEARS R/AT FLAT NO. D-1903 ALEMBIC URBAN FOREST V.B. VAJPAYEE ROAD KADUGODI, BENGALURU-560 066. …RESPONDENTS (BY SRI B A BELLIAPPA, SPP-I A/W P TEJESH, HCGP) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA WHEREIN PETITIONER PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF HABEAS CORPUS DIRECTING RESPONDENT NO.4 AND / OR RESPONDENT NO.1, RESPONDENT NO.2 AND RESPONDENT NO.3 THROUGH THE INVESTIGATING AGENCY AND ALL CONCERNED POLICE AUTHORITIES TO PRODUCE THE MINOR ADOPTED CHILD MASTER PARTHASARATHY (ALSO SPELT AS PARTHA SARATHY/ PARTHASARATHY) AGED ABOUT 9 YEARS AND STUDYING IN 4TH STANDARD AT CARMEL TERESA SCHOOL HAGADUR MAIN ROAD, WHITEFIELD BENGALURU BEFORE THIS HON'BLE COURT ON A DATE AND TIME TO BE FIXED BY THIS HON'BLE COURT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:24235-DB WPHC No. 44 of 2026 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. The learned counsel for the petitioner submits that the petitioner’s adopted child has been abducted by his father from the School, in spite of an order dated 05.02.2026 of the Child Welfare Committee, Coimbatore in L.No.12/CWC/2026. 2. We notice that the contention is with regard to custody of a minor child and that the private parties herein are parties to a marriage. 3. In the above circumstances, we are of the opinion that we cannot hold the custody of the child with the father as illegal detention. The matter has to be considered by a competent Family Court. 4. In the above view of the matter, this Writ Petition (Habeas Corpus) cannot be considered by this Court. The - 4 - HC-KAR NC: 2026:KHC:24235-DB WPHC No. 44 of 2026 Writ Petition (Habeas Corpus) is accordingly closed without prejudice to the contentions of the parties and their rights to approach the appropriate forum, in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 2 Sl No.: 4