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ALOK ARADHE, ANANT RAMANATH HEGDE
Mahesh D. Yatnalli – Appellant
Versus
State of Karnataka – Respondent
ORDER :
Mr.K.B.Monesh Kumar, learned counsel for the petitioner.
Mr.R.A.Devanand, learned counsel along with Mr.Shashidhar Belagumba, learned counsel for the respondent No.4.
Master Kautik Iyer Yatnalli along with respondent No.4 is present before this Court.
This petition has been filed seeking a writ of Habeas Corpus to produce the minor son of the parties namely Kautik Iyer Yatnalli (hereinafter referred to as 'the son') before this Court.
2. Facts giving rise to filing of this petition briefly stated are that petitioner and respondent No.4 were married on 28.02.2011. From the wedlock, son was born to them on 10.12.2011. On account of matrimonial disputes, the parties did not stay together beyond 2014. It appears that respondent No.4 had initiated a proceeding under Section 125 of the CRIMINAL PROCEDURE CODE , 1973 seeking maintenance for herself and the son which was decided by an order dated 22.02.2022. Against the aforesaid order, a revision petition namely RPFC No.104/2022, was preferred before this Court. In the said proceeding, the petitioner as well as respondent No.4 arrived at an amicable settlement. Admittedly, under the aforesaid compromise, respondent No.4 was appointed
Point of law: Custody of child – Unlawful and illegal custody - A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly ....
The court ruled that visitation rights cannot be claimed through habeas corpus when custody is lawful and family court proceedings are ongoing.
In custody disputes, the welfare of the child is paramount, and custody of a child under five years should ordinarily be with the mother, as per Section 6 of the Hindu Minority & Guardianship Act.
The extraordinary remedy of a prerogative writ of Habeas Corpus can be availed in exceptional cases where the ordinary remedy provided by the law is either unavailable or ineffective, and the welfare....
The welfare of the child is paramount in custody matters, and the extraordinary jurisdiction for habeas corpus depends on establishing unlawful detention.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
Custody of minor children - Natural guardian - Private respondent is none other than biological mother of minor children - It may be presumed that custody of children with their mother is not unlawfu....
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