B N KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner and Respondent No. 4 are husband and wife. The petitioner married R-4 in the year 1994. Out of the wedlock they have a child aged about 13 years. It is the contention of the petitioner that the R-4 has taken custody of the child and she has gone abroad. The petitioner states that the respondent has illegally deserted him and therefore she is not entitled to the custody of the child. Hence seeks indulgence of the Court by a writ of Habeas Corpus.

(2.) THE facts evidently disclose that it is a family dispute. The custody of the child with anyone of the parents cannot be termed as per se illegal or unlawful custody. The question would be only to find out which of the parent has got better claim for the custody of the child. In deciding so, the welfare of the child shall be of paramount importance. All these questions cannot be gone into in a petition for a writ of habeas corpus. The dispute in question can b,e gone into by the competent civil Court. In that view, the petition is Dismissed in limine. Petition dismissed. .