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Judgment
Anu Sivaraman, J
Heard the learned Senior Counsel appearing for the petitioner.
The contentions raised in this writ petition are that a one year old child has been taken away from the custody of his mother by the third respondent who is his father and the child is being handed over to the fourth respondent, who is the paternal grandmother and that the child is likely to be taken away out of the State of Karnataka.
When a mention was made before this Court yesterday we had alerted the petitioners counsel that the matter is a custody dispute between the parents of a minor child and that the Family Court in Bengaluru is to be approached for appropriate orders. However, when the matter is taken up today, it is stated that the Family Court has not been approached and since the child is of a very tender age, a Writ of Habeas Corpus is liable to be issued.
Having considered the contentions advanced, we are of the opinion that the facts as stated in the petition clearly shows that the issue between the parties is clearly a custody dispute of a minor child and no reason whatsoever exists as to why a Family Court cannot be approached for emergent orders in a case of this nature.
We find that there is no illegal detention involved in the instant case as such and that the writ petition is not maintainable. The writ petition is accordingly dismissed without prejudice to the contentions of the parties.