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2016 Supreme(Kar) 290

A.N.VENUGOPALA GOWDA
PRAVEEN BASAVANNEPPA SHIVALLI – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
For the Petitioner: SRI. F.V. PATIL & SRI. NANDISH PATIL, ADVS.
For the Respondent: SHRI PRAVEEN K. UPPAR, HCGP & SHRI V.M. SHEELVANT, ADV.

ORDER :

1. The petitioner, a Non Resident Indian, married Smt. Savita, daughter of the 3rd respondent, on 25.04.2008. Out of the wedlock, a son – Master Ishaan was born, on 21.11.2011, in the United States of America. The petitioner, his wife and the child came to Bengaluru on 06.02.2013. The petitioner alone returned to USA. Later, when the child was sought to be taken to USA by the petitioner, through his parents, Smt. Savita filed G&W No.5/2013 in the Family Court, Hubli. A memo having been filed that Smt. Savita got custody of the child with the police help, the petition was disposed of as withdrawn. Smt. Savita filed G & W No.13/2013 in the Family Court, Hubli, seeking declaration that she is the legal and total guardian of Master Ishaan and for issue of directions to the petitioner to handover the passport. An order dismissing I.A. filed for grant of temporary injunction having been passed by the Family Court, MFA No.101490/2014 was filed and an adinterim order was passed. On 14.07.2015, Master Ishaan having not been produced before the Court and a statement having been made that he has been admitted at Thathwadarshini Hospital, Hubli and the petitioner is at liberty to visit



































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