MAHESH D. YATNALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr.K.B.Monesh Kumar, learned counsel for the petitioner. Mr.R.A.Devanand, learned counsel along with Mr.Shashidhar Belagumba, learned counsel for the respondent No.4. Master Kautik Iyer Yatnalli along with respondent No.4 is present before this Court. This petition has been filed seeking a writ of Habeas Corpus to produce the minor son of the parties namely Kautik Iyer Yatnalli (hereinafter referred to as 'the son') before this Court.

(2.) Facts giving rise to filing of this petition briefly stated are that petitioner and respondent No.4 were married on 28/2/2011. From the wedlock, son was born to them on 10/12/2011. On account of matrimonial disputes, the parties did not stay together beyond 2014. It appears that respondent No.4 had initiated a proceeding under Sec. 125 of the Criminal Procedure Code, 1973 seeking maintenance for herself and the son which was decided by an order dtd. 22/2/2022. Against the aforesaid order, a revision petition namely RPFC No.104/2022, was preferred before this Court. In the said proceeding, the petitioner as well as respondent No.4 arrived at an amicable settlement. Admittedly, under the aforesaid compromise, respondent No.4 was appointed as guardian of son whereas petitioner namely the father of son was granted visitation rights during weekends as well as custody of child during Summer and Winter Vacations.

(3.) It is also not in dispute, that, in compliance of the compromise arrived at between the parties in the month of December 2022, the custody of son was handed over to the petitioner and the son spent approximately 12 days with the petitioner.