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2022 Supreme(Kar) 3

B.VEERAPPA, M.G.UMA
GAURAV RAJ JAIN AGED S/O MUKESH KUMAR JAIN – Appellant
Versus
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – Respondent


Advocates Appeared:
For The Appellant :SRI. ANISH JOSE ANTONY, ADVOCATE
For The Respondent: SRI. FAYAZ SAB, SRI. THEJESH.P., HCGP

ORDER :

The present writ petition is filed in the form of Habeas Corpus by the father of respondent No.4 seeking direction to the respondents for production of respondent No.4-Amaya.G.Jain before this Court and hand-over her custody to the petitioner in the interest of justice.

I. FACTS OF THE CASE:

2. It is the case of the petitioner that the petitioner and the third respondent's marriage was solemnized on 30.06.2009 and respondent No.4-baby girl was born out of the wedlock. The said child was born premature and was under treatment in various Hospitals. It is further stated that respondent No.3 had taken away the baby girl from the petitioner's custody on 05.10.2021 and since then the petitioner is not allowed to talk with the baby girl and respondent No.3 is not even showing her, despite the petitioner’s repeated request. It is further stated that respondent No.3 used to frequently run away from her matrimonial home saying that she was forcibly married to the petitioner and was filing false and frivolous cases against the petitioner and his family members.

Therefore, the petitioner had left with no other option other than to file divorce petition before the family court in M.C.No.514

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