BAISHAKHI AMIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the mother seeking writ of habeas corpus for production of her minor daughter viz., Jannatun Nisa who is aged about 7 years.

(2.) Facts giving rise to filing of this petition briefly stated are that the petitioner and respondent No.7 were married on 27/2/2012. From the wedlock admittedly, a girl child viz., Jannatun Nisa was born on 25/6/2016. It is not in dispute that the petitioner as well as respondent No.7 and their minor daughter viz., Jannatun Nisa resided together from January 2017 to June 2018 at Bangalore. It is also not in dispute that the girl child viz., Jannatun Nisa was residing with the petitioner viz., her mother in Bangalore at the relevant time in Bangalore. It is the case of the petitioner that the respondent No.7 forcibly took away their daughter viz., Jannatun Nisa from the custody of the petitioner on 16/12/2012 and took her to the State of West Bengal. The petitioner thereupon filed a petition on 4/1/2023 before this court seeking a writ of habeas corpus.

(3.) Learned counsel for the petitioner submitted that the daughter who is aged about 7 years was in lawful custody of the petitioner who is the mother of the daughter. However, the daughter has been removed from her custody without any authority of law. It is also pointed out that the petitioner has initiated a proceeding under the Guardians and Wards Act , 1890 (hereinafter referred to as 'the Act' for short) in Bangalore in G & WC No.48/2023 on 31/1/2023 seeking the custody of the minor daughter viz., Jannatun Nisa. It is therefore, submitted that the custody of the minor daughter be restored to the petitioner. It is also pointed out that respondent No.7 initiated a proceeding under Sec. 10 of the Act in the State of West Bengal seeking appointment of respondent No.7 as guardian of the minor daughter. In support of aforesaid submission that the writ of habeas corpus is not maintainable, reliance has been placed on division bench decision of this court in SRI.SHIVAM PRABHU VS. STATE OF KARNATAKA AND OTHERS', 2016 SCC ONLINE KAR 3544.