HUSNA BANU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two cases involve rival claims for the custody of a toddler between a genetic mother and a foster mother; this child is christened by the genetic parents as "Master Mohammed Arhaan " and later named by the foster mother as "ADWIK ". In a sense this matter reminds of the Jewish King Solomon (1010-931 BCE) who resolved such a dispute centuries ago and handed the child to the true mother after wisely identifying her and sent the pseudo-mother to the gaol; however, that is not much the case here and what pleasantly surprises the Court is the grace with which these two gentle women hailing from two different religious backgrounds conducted themselves during the course of proceedings.

(2.) With the above prelude, let me advert to the brief facts, now. The case in W.P. No. 16729/2021 is filed by the genetic mother of the child, namely Smt. Husna Banu (hereafter 'genetic mother'); it is essentially for the custody of the child which has been with the foster mother Smt. Anupama Desai (hereafter 'foster mother') for a year or so; there was a Habeas Corpus case filed by the genetic mother in W.P.(H.C.) 60/2020, which eventually resulted in the child being traced at the lap of foster mother; the Chamrajpet Police, Bengaluru having registered Crime No. 54/2020, are investigating into the matter, is not much relevant for adjudication here.

(3.) The companion case in W.P.No. 15044/2021 is filed by the foster mother and her husband wherein they lay a challenge to the Police Notice dated 12.08.2021 whereby they have been directed to produce the child before the Child Welfare Committee on 18.08.2021; this notice owes its origin to the instruction of the said Committee issued to the Police, on the eve; strangely the genetic parents of the child do not figure as respondents in this case; however both the battling parties being before the Court the "clubbed cases ", the arguable ground of non-impleadment of proper/necessary party pales into insignificance.