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2021 Supreme(Kar) 376

KRISHNA S.DIXIT
Husna Banu, W/o Javeen Pasha – Appellant
Versus
State Of Karnataka, SHO Chamarajpet Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Sirajuddin Ahmed, Advocate
For the Respondent:Sri. Vinod Kumar, AGA, Sri. S.Subramanya, Advocate

ORDER :

These two cases involve rival claims for the custody of a toddler between a genetic mother and a foster mother; this child is christened by the genetic parents as “Master Mohammed Arhaan” and later named by the foster mother as “ADWIK”. In a sense this matter reminds of the Jewish King Solomon (1010-931 BCE) who resolved such a dispute centuries ago and handed the child to the true mother after wisely identifying her and sent the pseudo-mother to the gaol; however, that is not much the case here and what pleasantly surprises the Court is the grace with which these two gentle women hailing from two different religious backgrounds conducted themselves during the course of proceedings.

2. With the above prelude, let me advert to the brief facts, now. The case in W.P. No. 16729/2021 is filed by the genetic mother of the child, namely Smt. Husna Banu (hereafter 'genetic mother'); it is essentially for the custody of the child which has been with the foster mother Smt. Anupama Desai (hereafter 'foster mother') for a year or so; there was a Habeas Corpus case filed by the genetic mother in W.P.(H.C.) 60/2020, which eventually resulted in the child being traced at the lap of foster m

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