Basavaraj S/o Chandrakant Udnoor v. State of Karnataka, Director Department of Women and Child Development
2018-08-21
S.N.SATYANARAYANA
body2018
DigiLaw.ai
ORDER : 1. The petitioner herein claiming himself to be a self-employee would state that the sixth respondent is his wife and in the wedlock he has minor son by name Krishna aged about 11 years. 2. His grievance is that the custody of his child is forcibly taken by him and given to his wife the sixth respondent herein. When the materials available on record is seen, Annexure-A is the representation given by sixth respondent to the Chairman Department of Women and Child Development, Child Welfare Committee, Kalaburagi that would explain in detail the harassment meted out to her by her husband suspecting her character and subjecting her to various physical and mental torture. In this background, it is seen that she was also made to give up her bank employment in bank, under the guise of providing a decent life to her. Thereafter, it is stated that there was an attempt to separate the mother and child. Resulting in said person approaching the authority to ensure that the interest of the child is protected. The concerned authorities having observed the facts leading to separation of mother and child and the child being taken to the custody of father have held that the child should continue with the mother in its best interest. 3. When the entire records is seen, this Court is of the opinion that the child must continue to live with the mother irrespective of any litigation which is raised by him, child should continue with the mother. Considering the nature of treatment said to have meted out to the respondent there are no grounds to interfere with the proceedings at Annexure-B. Accordingly, this writ petition is dismissed at the threshold, even without ordering notice to the respondents. 4. A copy of this order shall be sent to the sixth respondent Smt. Savita for information and also to produce in other proceedings seeking custody of the child from her.