IN THE HIGH COURT OF CIRCUIT BENCH AT

DATED THIS THE 20TH DAY OF APRIL 2012

PRESENT

THE HON’BLE MR.JUSTICE H.BILLAPPA

AND

THE HON’BLE MR.JUSTICE V.SURI APPA RAO

WPHC NO.704 OF 2012

Between:

Moulali S/o Nabisab Age:27 years Occ:Business R/o At Deval Ganagapur, Tq. Afzalpur Dist. Gulbarga. Petitioner (By Sri Sanjay Bannur, and Vinay Kolda, Advocates, Sri Avinash A Uploankar, Advocates)

And:

1. The State of Karnataka Superintendent of Police Gulbarga-585 101.

2. The Deval Gangapur Police Station Tq. Afzalpur Dist. Gulbarga-585101.

3. Bheemashankar 7

S/o Dhamuniyappa Age:45 years Occ:Business R/o At Deval Ganagapur Tq. Afzalpur Dist. Gulbarga-585 101.

4. Kasturibai W/o Bheemashankar Age:35 years, Occ:Housewife R/o At Deval Ganagapur Tq. Afzalpur Dist. Gulbarga-585 101. Respondents (By Smt. Anuradha M.Desai, Addi. SPP for Ri and R2)

This WPHC is filed under Articles 226 and 227 of the Constitution of praying to issue a writ of Habeas Corpus directing respondents 1 to 4 to immediately produce Roopa daughter of the respondents 3 and 4, before this Hon’ble Court.

This WPHC coming on for Preliminary Hearing this day, H.BILLAPPA J., made the following:

ORDER

The girl Roopa is produced before the Court by the PSI

Deval police Station. The girl states that she is a

Graduate and she is aged about 23 years. She is not willing to marry the petitioner. The marriage between her and the 3

petitioner is not yet registered. She was with her maternal

Uncle Sharanappa Shivalingappa Navi.

2. The petitioner states that the marriage is not yet registered. However, as the girl is not willing he is not ready to marry her. He may be permitted to withdraw the petition.

3. The girl states that no marriage has taken place between the petitioner and herself.

4. The marriage is not yet registered. The petitioner has says approached this Court saying Roopa is his wife. The girl

she has not married.

5. Therefore, we impose cost of 5,OOO/- and dismiss the cost petition as withdrawn. The petitioner shall deposit the from with the Legal Services Authority within three weeks

today. 4

6. The father of the girl is before the Court. He says that he will take the girl. The girl is ready to go with her father.

She is at liberty to go with her father.

Sd/ TTTr’

Sd/ JUDGE

JT/