Karnataka High Court

WPHC/95/2026 of SMT. SHWETA KAUR Vs THE STATE OF KARNATAKA on 17 September 2026

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CNR: KAHC010641142026 NC: 2026:KHC:50766-DB WPHC No. 95 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION HABEAS CORPUS NO. 95 OF 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF SEPTEMBER, 2026

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION HABEAS CORPUS NO. 95 OF 2026

BETWEEN:

SMT. SHWETA KAUR

W/O SRI RAVINDER SINGH CHAUHAN,

AGED ABOUT 29 YEARS

R/AT NO.T-8, "PRABHAVATHI DIVINE"

3RD FLOOR, NAYANAPPANAHALLI,

BHAGYALAKSHMI AVENUE,

HULIMAVU,

BENGALURU 560076

…PETITIONER

(BY SRI. K GOVINDARAYA KAMATH, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

BY ITS ADDITIONAL CHIEF SECRETARY,

DEPARTMENT OF HOME AFFAIRS,

VIDHANA SOUDHA,

BENGALURU 560001

2.

THE STATION HOUSE OFFICER

HULIMAVU POLICE STATION,

Digitally

signed by

PAVITHRA

N

Location:

High Court

of

Karnataka

HC-KAR

HULIMAVU,

BENGALURU 560076

3.

THE COMMISSIONER OF POLICE

BENGALURU CITY POLICE,

INFANTRY ROAD,

BENGALURU 560001

4.

SRI RAVINDER SINGH CHAUHAN

S/O AJITH SINGH

AGED ABOUT 39 YEARS

PRESENTLY RESIDING AT: "VEDANT VAYUN"

APARTMENT,

BEGUR-KOPPA ROAD,

SURAKSHA NAGAR,

AKSHAYA VANA,

AKSHAYANAGAR,

BENGALURU 560114

…RESPONDENTS

(BY SRI. B.N.JAGADEESHA, SPP-1 FOR R1 TO R3; SRI N. GOWTHAM RAGHUNATH, ADVOCATE FOR R4)

THIS WPHC IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE

NATURE OF HABEAS CORPUS OR ANY OTHER WRIT, ORDER OR

DIRECTION, DIRECTING RESPONDENT NO.2 TO PRODUCE THE

MINOR CHILDREN NAMELY KUMARI ASHPREET KAUR, AGED

ABOUT 7 YEARS, AND MASTER MANVEER SINGH, AGED ABOUT

5 YEARS 7 MONTHS BEFORE THIS COURT.

HC-KAR

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

and

HON'BLE MR. JUSTICE T.P.VIVEKANANDA

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ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Heard the learned counsel appearing on either side.

2. This Writ Petition (Habeas Corpus) is filed stating that the writ petitioner is not aware of the whereabouts of her minor children.

3. A memo is placed on record by the respondent No.4 pointing out that the present address and whereabouts of respondent No.4 and the children are very well available in the interlocutory application filed before the II Additional Family Court, Bengaluru as well as in the G&WC which has been filed on 10.09.2026.

4. In the above view of the matter and in view of the fact that the applications for custody and guardianship of the

HC-KAR

children are pending before the Family Court, we are of the opinion that Writ Petition (Habeas Corpus) is not maintainable. Accordingly, the Writ Petition (Habeas Corpus) is closed without prejudice to the contentions of the parties and their rights to raise their contentions before the appropriate forum.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (T.P.VIVEKANANDA) JUDGE

RAK List No.: 2 Sl No.: 1

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