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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.SOMASHEKAR, RAJESH RAI K.
Rehana Begum, W/o. Makatumsab, D/o. Noor Mohammed A Hungund – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary, Dept Of Home – Respondent
| Table of Content |
|---|
| 1. habeas corpus for child custody dispute. (Para 1 , 3 , 6) |
| 2. notice and response from respondents. (Para 4 , 5 , 8) |
| 3. misuse of power by cwc chairperson. (Para 7 , 10) |
| 4. apology and oversight acknowledged. (Para 9 , 11) |
| 5. direction to regulate future conduct. (Para 12 , 13) |
ORDER :
This writ petition in the nature of habeas corpus is filed by the petitioner, namely Mrs. Rehana Begum, for a direction to respondent Nos.1 to 3 to produce her minor children, namely Ms.Shariba Kousar, aged about 9 years, and Ms.Iqra Fatima, aged about 4 years, from the custody of respondent No.5, who is none other than their father and husband of the petitioner.
2. We have heard Sri P.Usman, learned counsel appearing on behalf of Sri Mohammad Niyas, learned counsel for the petitioner, so also learned SPP Sri.B.A.Belliyappa for respondent Nos.1 to 4.
3. It is the contention of the learned counsel for the petitioner that due to the matrimonial dispute pending between the petitioner and her husband, i.e., respondent No. 5, the husband had lodged a complaint before the Child Welfare Committee I (CWC for short) for seeking custody of the minor children. Respondent No.4, the Chairperson of the C
Custody of minors must adhere to legal procedures; arbitrary actions by child welfare authorities are illegal and can lead to reversal of custody transfers.
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
Petition for production and custody of minor child – Once complexities is perceived, Writ Court should not usurp powers of Civil Court to decide and proper course to be adopted in this regard is to r....
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....
A writ of habeas corpus can be invoked for child custody disputes even when legal remedies exist, as the child's welfare is paramount.
Point of Law : It is only in exceptional cases, the rights of the parties to the custody of the minor will be determined in exercise of extraordinary jurisdiction on a petition for habeas corpus.
The validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act cannot be examined in a writ of habeas corpus, and only parents can claim custody of a minor.
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