B Ravindra, Son of Late Bhaskar v. Chief Secretary
2025-06-02
S.R.KRISHNA KUMAR
body2025
DigiLaw.ai
ORDER : S.R. Krishna Kumar, J. In W.P.No.19006/2024, petitioner seeks for the following reliefs: “I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 12.07.2023 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law. II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.” In W.P.No.19025/2024, petitioner seeks for the following reliefs: “I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 16.07.2023 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law. II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.” In W.P.No.19027/2024, petitioner seeks for the following reliefs: “I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations and postal receipts dated 16.07.2024 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law. II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.” In W.P.No.19029/2024, petitioner seeks for the following reliefs: “I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 16.07.2024 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law. II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.” In W.P.No.19031/2024, petitioner seeks for the following reliefs: “I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations dated 16.07.2023 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law. II.
II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.” In W.P.No.19034/2024, the petitioner seeks the following reliefs: “I. Issue a Writ in the nature of Mandamus directing the Respondent Authorities herein to consider the Representations and postal receipts dated 12.07.2024 filed by the Petitioner herein vide Annexure A1 to A8 and to dispose of the same in accordance with law. II. Issue any other writ or order/s as this Hon’ble court deems fit to grant under the facts and circumstances of the case.” 2. Heard learned counsel for the petitioners and learned AGA for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that before filing of the present petitions, the children in question were in care and custody of the 8 th respondent - Centre at Tumakuru and the petitioners having submitted representations requesting the concerned respondents to hand over children in question back to the petitioners having not been complied with by the respondents, petitioners are before this Court by way of the present petitions seeking the aforesaid reliefs. 4. When the matter came up before this Court on 18.07.2024, this Court passed the following order:- “Learned AGA accepts notice for respondent Nos.1 to 7 and seeks time to obtain instructions. Issue emergent notice to respondent No.8. In addition, petitioner is permitted to take out hand summons to respondent No.8. Re-list on 25.07.2024. In the meanwhile, respondent Nos.1 to 8 are directed not to allot or part-with the child in question to anyone else and to retain the child with respondent No.8 till the next date of hearing. In addition thereto, respondent Nos.1 to 7 and respondent No.8 are directed to co-ordinate with each other and permit the petitioner to visit the child presently in the custody of respondent No.8, on daily basis from 9 A.M. to 6 P.M., till the next date of hearing. Hand delivery of this order is permitted.” 5. Subsequently, further interim orders have been passed by this Court on various occasions, which are as under:- Dated : 25.07.2024 “Heard in-part. 2. On 18.07.2024, this Court passed the following interim order:- Learned AGA accepts notice for respondent Nos.1 to 7 and seeks time to obtain instructions. Issue emergent notice to respondent No.8.
Subsequently, further interim orders have been passed by this Court on various occasions, which are as under:- Dated : 25.07.2024 “Heard in-part. 2. On 18.07.2024, this Court passed the following interim order:- Learned AGA accepts notice for respondent Nos.1 to 7 and seeks time to obtain instructions. Issue emergent notice to respondent No.8. In addition, petitioner is permitted to take out hand summons to respondent No.8. Re-list on 25.07.2024. In the meanwhile, respondent Nos.1 to 8 are directed not to allot or part-with the child in question to anyone else and to retain the child with respondent No.8 till the next date of hearing. In addition thereto, respondent Nos.1 to 7 and respondent No.8 are directed to co-ordinate with each other and permit the petitioner to visit the child presently in the custody of respondent No.8, on daily basis from 9 A.M. to 6 P.M., till the next date of hearing. 3. Learned counsel for the petitioner submits that during the course of visitation as permitted by this Court in the aforesaid interim order, the child of the petitioner who has already developed bonding / attachment with the petitioner and spouse, indicated reluctance to stay in the 8th respondent – Centre any longer and wanted to return to the care and custody of the petitioner and the spouse and as such, it is necessary that the child is returned to the care and custody of the petitioner and spouse. 4. Per contra, the said request / submission of the petitioner is seriously opposed by Sri.K.S.Harish, learned Government Advocate and Sri.Sudev Hegde, learned Addl. Government appearing for respondents 1 to 8. 5.
4. Per contra, the said request / submission of the petitioner is seriously opposed by Sri.K.S.Harish, learned Government Advocate and Sri.Sudev Hegde, learned Addl. Government appearing for respondents 1 to 8. 5. In view of the aforesaid facts and circumstances and the tender age of the child who was in custody of the petitioner till recently when the child was removed from the custody of the petitioner and handed over to the 8th respondent - Centre, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and subject to further orders of this Court and on a trial basis and in the peculiar / special facts and circumstances of the instant case and having regard to the well settled principle that it is the welfare of the child, who has received their love and affection is of paramount consideration, I deem it just and appropriate to direct custody of the child to be handed over by the 8th respondent – Centre to the petitioner and spouse on 27.07.2024 by imposing certain conditions in this regard. 6. In the result, I make the following interim arrangement, which shall remain in force till the next date of hearing as under:- (i) Respondents 1 to 8 are hereby directed to hand over custody of the minor child to the petitioner and spouse on 27.07.2024 at 11 a.m. at the 8th respondent – Centre in the presence of the District Child Protection Officer, Tumakuru as well as the Investigating Officer, Gubbi Police Station, Tumakuru. (ii) The petitioner and spouse shall be entitled to retain custody of the child till the next date of hearing. (iii) The petitioner and spouse shall present the child before the 8th respondent – Centre on 31.08.2024, on which day, the aforesaid District Child Protection Officer and the Investigating officer along with learned counsel, Ms.Reshma Thammaiah shall examine and interact with the child as well as the petitioner and spouse and submit a joint report in this regard by the next date of hearing.
(iv) The petitioner and spouse shall file an Affidavit of Undertaking on or before 27.07.2024 before this Court to the effect that they will not remove the child from his / her respective localities till the next date of hearing that they shall be responsible for the wellbeing of the child and that they shall not claim any equities in this regard. (v) The petitioner and spouse shall pay a sum of Rs.10,000/- to Ms. Reshma Thammaiah, learned counsel towards her valuable assistance. Re-list on 02.09.2024 for further hearing at 2.30 p.m.” Dated: 02.09.2024 “Pursuant to the order dated 25.07.2024, the petitioner and the spouse presented the child before 8th respondent – Centre on 31.08.2024, on which date, the District Child Protection Officer and the Investigating Officer along with learned counsel, Ms. Reshma Thammaiah examined and interacted with the child as well as the petitioner and spouse and reports in this regard have been filed by both the aforesaid District Child Protection Officer and the Investigating Officer as well as by learned counsel before this Court. The aforesaid reports are placed on record. The following interim arrangement, shall continue to remain in force till the next date of hearing:- (i) The petitioner and spouse shall be entitled to retain custody of the child till the next date of hearing. (ii) The petitioner and spouse shall present the child before the 8th respondent – Centre on 19.10.2024, on which day, the aforesaid District Child Protection Officer and the Investigating officer along with learned counsel, Ms.Reshma Thammaiah shall examine and interact with the child as well as the petitioner and spouse and submit a report in this regard by the next date of hearing. (iii) The petitioner and spouse shall pay a sum of Rs.10,000/- to Ms. Reshma Thammaiah, learned counsel towards her valuable assistance. Re-list on 21.10.2024 at 02.30 P.M. for further hearing.” Dated 21.10.2024 “Ms. Reshma Thammaiah, learned counsel has submitted a report pursuant to the order dated 02.09.2024. Learned counsel is permitted to file the report in the Registry and the same shall be received on record. Re-list on 02.06.2025 at 2.30 p.m. for further hearing. Interim order granted earlier is extended till the next date of hearing. List this matter along with Writ Petition Nos.19025/2024, 19027/2024, 19029/2024, 19031/2024 and 19034/2024.” 6.
Learned counsel is permitted to file the report in the Registry and the same shall be received on record. Re-list on 02.06.2025 at 2.30 p.m. for further hearing. Interim order granted earlier is extended till the next date of hearing. List this matter along with Writ Petition Nos.19025/2024, 19027/2024, 19029/2024, 19031/2024 and 19034/2024.” 6. As can be seen from the aforesaid interim orders passed by this Court, children in question have been handed over to the petitioners, subject to the condition that the petitioners shall take good and proper care of the said children and would produce them before the 5 th respondent and in the presence of Ms.Reshma Thammaiah, who was appointed by this Court as Court Commissioner for the said purpose. The aforesaid interim orders passed by this Court and the submissions made by the learned counsel for the petitioners and learned AGA for the respondents and learned counsel Ms.Reshma Thammaiah will indicate that the petitioners have been taking good and proper care of the children in question. Under these circumstances, nothing further survives in the present petitions and the same deserve to be disposed of by directing that the children in question to be continued in the custody of the respective petitioners by imposing certain conditions. 7. In the result, I pass the following: ORDER (i) Petitions are hereby disposed of. (ii) The children in question are directed to continue to remain in care and custody of the petitioners who are directed to take good and proper care of the children in question. (iii) Petitioners shall produce the children in every six months for a period of five years before the Karnataka Mediation Centre, Bangalore, on a date to be fixed by the learned counsel for the petitioners after duly notifying the respondents as well as Ms.Reshma Thammaiah in this regard. (iv) It is made clear that in the event the petitioners do not take proper or good care of the children in question or fail to appear before the Karnataka Mediation Centre, Bangalore, on a date to be fixed as stated supra, liberty is reserved in favour of the respondents to take appropriate action against the petitioners in accordance with law. (v) Liberty is also reserved in favour of the petitioners to take recourse to such remedies as available in law to formalise the adoption of children in question, if they are so advised.
(v) Liberty is also reserved in favour of the petitioners to take recourse to such remedies as available in law to formalise the adoption of children in question, if they are so advised. (vi) The petitioners in each of the petitions shall pay a sum of Rs.5,000/- to the learned counsel Ms.Reshma Thammaiah for her appearance before the Karnataka Mediation Centre, Bangalore. (vii) This Court places on record the deep appreciation and co-operation of the services rendered by the learned counsel Ms.Reshma Thammaiah and Sri.Sudev Hegde, learned AGA for the respondents.