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High CourtsDivision Bench(2025) 09 KAR CK 0545

Namawejje Mariam vs Government Of Karnataka & Ors.

Karnataka High Court, Principal Bench · Decided on 18 September 2025

HON’BLE JUDGES
S Vishwajith Shetty, J
RESULT
Allowed
CASE NUMBER
Writ Petition Habeas Corpus No. 98 Of 2025

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Judgment

8 paragraphs · 355 words

Anu Sivaraman, J

1.

This Writ Petition has been filed alleging that the minor child of the petitioner has been placed in illegal custody by the respondents herein. The passport of the petitioner and the birth certificate of the minor child along with the identity certificate are produced with the writ petition.

2.

We have heard learned counsel Sri Balakrishna M.R., for the petitioner, Sri Thejesh P., learned High Court Government Pleader for respondents No.1 to 4 and Sri Shanthi Bhushan H., learned DSGI for respondents No.5 and 6.

3.

Today, a statement has been placed on record by the learned DSGI on behalf of respondents No.5 and 6, wherein it is stated that the writ petitioner is a Ugandan national who has entered India on a e-tourist VISA which has expired on 01.10.2024 and has never registered with the Foreign Regional Registration Office and is overstaying in the country. It is submitted that, during the profiling, one of the ladies, who was found with the child, had contended that she is the mother of the child and thereafter on 23.08.2025, the petitioner had produced a fake E-mail along with ETD of the child and a letter from the Uganda High Commission, New Delhi which was found to be forged.

4.

Learned counsel for the petitioner submits that the petitioner is ready to leave the country, if the child is also deported along with her.

5.

The learned DSGI submits that the identity of a child and the fact that the petitioner is the mother of the child had been confirmed by the High Commission.

6.

He further submits that, appropriate steps to see that the petitioner is sent back to her country i.e., Uganda along with the child will be taken by the respondents without any further delay. The petitioner will be put on a flight to Uganda and the custody of the child will be given in the flight. The said submissions are recorded.

7.

The Writ Petition is accordingly disposed of. It is made clear that the petitioner will remain at the detention centre along with a child till she is deported.