SHANKARANNADA G. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner / father seeking a writ of habeas corpus for production of Master Nihaan who is the son of the petitioner and respondent No.4 who is aged about 7 years.

(2.) The admitted facts are that the marriage between the parties was performed on 20/2/2014 at Bangalore. It is also not in dispute that from the wedlock, minor son viz., Master Nihaan was born on 28/3/2015. It is the case of the petitioner that respondent No.4 left the matrimonial home on 28/12/2018. Thereafter, the petitioner filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage. The petitioner learnt sometime in the month January 2023 that the respondent No.4 is trying to shift the child to Canada. Thereupon, the petitioner filed complaints on 16/1/2023 to the Station House Officer, Police Station Electronic City and Commissioner of Police Sahayavani. However, the complaints made by the petitioner failed to evoke any response. Thereupon, the petitioner has filed this petition on 24/1/2023 seeking production of Master Nihaan. It is also not in dispute that respondent No.4 along with the minor son Nihaan has already traveled to Ontario on 1/9/2022 i.e., much prior to filing of this petition.

(3.) After arguing the matter to some extent, learned counsel for the petitioner submitted that he be provided access to his son viz., Master Nihaan. The aforesaid prayer has been accepted by learned counsel for respondent No.4. In view of the consensus arrived at between the petitioner and respondent No.4 with regard to access, which is provided to the petitioner to his son viz., Master Nihaan, with consent of the parties, we issue the following directions.: