NAMITHA POVAIAH W/O K.U. POVAIAH Vs. SUPERINTENDENT OF POLICE MERCARA COORG, STATION HOUSE OFFICER MADIKERI CIRCLE SIDDAPUR POLICE STATION POLIBETTA OUT POST COORG, K.U. POOVAIAH @ VIVEK S/O K.P. UTHAPPA

JUDGEMENT

(1.) THIS petition for issue of a writ in the nature of habeas corpus is by a mother against the third respondent - father of eight years old daughter, who it is alleged is kept under illegal custody by the third respondent. The Superintendent of Police and the Station House Officer, Madikeri Circle, Siddapur Police Station, Polibetta Out Post, Coorg have been impleaded as the first and second respondents respectively to this petition.

(2.) PETITION averments interalia contends that the couple who were living at Bangalore a few months after their marriage, had to go to back to the native place of the third respondent in Coorg; that the third respondent was not acting as a responsible parent and it is only the in -laws of the petitioner who have taken care of the family and also in brining up of two children of the couple; that differences cropped up between the couple and it is mentioned that the couple arrived at an understanding that the petitioner will take care of the children by bringing up them at Bangalore and as per this arrangement, the petitioner moved to Bangalore along with her two daughters in the year 2010 and the children were admitted to Bishop Cotton Girls' School, Bangalore, in the academic year 2010 - 11.

(3.) IT is averred that this arrangement was not kept by the third respondent and petitioner learnt that the third respondent was refusing to send the their daughter back to Bangalore and on the other hand, he had pressurised her to go and stay in Coorg. It is further alleged that unless she agrees for this arrangement, the daughter of the petitioner will not be given access to the petitioner and the girl will be admitted to a school in Coorg.