CourtKutchehry.com
High CourtsDivision Bench

Shankarannada .G vs State Of Karnataka & Others

Karnataka High Court · Decided on 18 April 2023 · Citation: (2023) 04 KAR CK 0010

HON’BLE JUDGES
Alok Aradhe, J · Vijaykumar A. Patil, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1955 — Section 13
RESULT
Disposed Of
CASE NUMBER
Writ Petition Habeas Corpus No. 9 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 386 words

Alok Aradhe, J

1.

This petition has been filed by the petitioner / father seeking a writ of habeas corpus for production of Master Nihaan who is the son of the petitioner and respondent No.4 who is aged about 7 years.

2.

The admitted facts are that the marriage between the parties was performed on 20.02.2014 at Bangalore. It is also not in dispute that from the wedlock, minor son viz., Master Nihaan was born on 28.03.2015. It is the case of the petitioner that respondent No.4 left the matrimonial home on 28.12.2018. Thereafter, the petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage. The petitioner learnt sometime in the month January 2023 that the respondent No.4 is trying to shift the child to Canada. Thereupon, the petitioner filed complaints on 16.01.2023 to the Station House Officer, Police Station Electronic City and Commissioner of Police Sahayavani. However, the complaints made by the petitioner failed to evoke any response. Thereupon, the petitioner has filed this petition on 24.01.2023 seeking production of Master Nihaan. It is also not in dispute that respondent No.4 along with the minor son Nihaan has already traveled to Ontario on 01.09.2022 i.e., much prior to filing of this petition.

3.

After arguing the matter to some extent, learned counsel for the petitioner submitted that he be provided access to his son viz., Master Nihaan. The aforesaid prayer has been accepted by learned counsel for respondent No.4. In view of the consensus arrived at between the petitioner and respondent No.4 with regard to access, which is provided to the petitioner to his son viz., Master Nihaan, with consent of the parties, we issue the following directions.:

(i) The Father is entitled to communicate with the child through phone / video call / skype etc. every Saturday between 6.00 p.m. to 7.00 p.m. Canadian time as per the convenience of the petitioner.

(ii) The respondent No.4 undertakes to facilitate the aforesaid call and not to create any obstruction.

(iii) The respondent No.4 shall inform the petitioner about the academics and day to day development of the minor child through the email.

With the aforesaid directions, the writ petition is disposed of.

In view of the disposal of the petition, all pending interlocutory applications are also disposed of.