REHANA BEGUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition in the nature of habeas corpus is filed by the petitioner, namely Mrs. Rehana Begum, for a direction to respondent Nos.1 to 3 to produce her minor children, namely Ms.Shariba Kousar, aged about 9 years, and Ms.Iqra Fatima, aged about 4 years, from the custody of respondent No.5, who is none other than their father and husband of the petitioner.

(2.) We have heard Sri P.Usman, learned counsel appearing on behalf of Sri Mohammad Niyas, learned counsel for the petitioner, so also learned SPP Sri.B.A.Belliyappa for respondent Nos.1 to 4.

(3.) It is the contention of the learned counsel for the petitioner that due to the matrimonial dispute pending between the petitioner and her husband, i.e., respondent No. 5, the husband had lodged a complaint before the Child Welfare Committee I (CWC for short) for seeking custody of the minor children. Respondent No.4, the Chairperson of the CWC arbitrarily summoned the petitioner through Chandra Layout Police and secured the petitioner and her children before the CWC and thereby illegally handed over the children to the 5th respondent. Hence, aggrieved by the said act of the 4th respondent, so also respondent Nos.3 and 5, the petitioner filed this writ petition, praying to issue a writ of habeas corpus directing respondent Nos.1 to 3 to produce the minor children before this Court.