POOJITHA J. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Writ Petition (Habeas Corpus) is filed seeking directions to produce the minor child of the petitioner - Kumari Manali. R. from illegal custody of respondent No.5 and restore the custody of the child to the petitioner.

(2.) The petitioner contends that the child, who is aged about 7 years, is born to her and her live-in partner Shri. Rooparam. It is contended that the fourth respondent has abruptly taken custody of the child on an alleged complaint that the child was illegally adopted and has entrusted custody to the fifth respondent. It is submitted that the child was being looked after by the petitioner, who is the biological mother without any room for complaint and that the petitioner is being harassed continuously by the fourth respondent on the pretext that the child is illegally adopted.

(3.) The learned SPP had accepted notice on behalf of respondents No.1 and 2. Notice had been ordered to respondents No.4 and 5. When the matter was taken up today, the fourth respondent as well as the Protection officer of the Child Welfare Committee, Mysuru (for short 'CWC') were present before us. They had also made available the records relating to taking the custody of the child. It is contended that there were complaints received from the wife of the petitioner's paramour that the child was illegally adopted and that the petitioner had on an earlier occasion given a statement before CWC admitting that the child was given to her by the biological mother in return for money. It is submitted that it was in those circumstances that the custody of the child was taken from the petitioner. It is submitted that the child is entrusted to the care of the fifth respondent - Institution at present.