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2020 Supreme(Kar) 689

ABHAY S.OKA, NATARAJ RANGASWAMY
Santosh Gai – Appellant
Versus
State Of Karnataka Department Of Home – Respondent


Advocates Appeared:
Amruthesh N P, Advocate, V.S. Hegde, Advocate, Rajagopal T R, Advocate

JUDGMENT

Abhay S. Oka, C.J. - Heard the learned counsel appearing for the petitioner.

2. The petitioner is the wife and the fourth respondent is the husband. The dispute concerns a girl child born on 18th August 2015. It appears that there is a matrimonial dispute between the petitioner and the fourth respondent. There are allegations made by the petitioner in this petition about the misconduct of the fourth respondent. She has described how she was forced to leave the matrimonial home and how the custody of the child was snatched by the fourth respondent.

3. The learned counsel appearing for the petitioner submitted that firstly, it must be noted that the police have not taken action on the basis of the complaints made by the petitioner. The copies of the complaints have been annexed to the petition at Annexure-C and Annexure-F. Secondly, submitted that the petitioner is entitled to custody of the child and that the fourth respondent has forcibly taken away the custody. He submitted that even during this period of pandemic, the petitioner is not able to meet the child. He would, therefore, submit that intervention of the Writ Court is required. On record, two decisions have been pr

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