The Division Bench of Karnataka High Court, comprising Justice Dr. Aravind Kumar and Justice Pradeep Singh has disposed off the Habeas Corpus Writ Petition by referring the dispute to Bangalore mediation Centre which has resulted in an amicable settlement and agreement has been drawn.
On the basis of the Report received from the Bangalore Mediation Centre was placed on record, the Bench expressed that “In view of settlement having arrived at between parties as per Memorandum of Agreement drawn under Section 89 of CPC r/w Rule 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2007, present writ petition stands disposed of by placing the said report on record.”
Facts of the Case
The Complainant was the father of the Daughter named Prisha who was living separately with her mother in Bangalore. The Complainant filed a writ petition to bring her daughter and urged the Court to grant visitation rights to him. While the mother of Prisha and Prisha alleged that the Complainant harassed them.
Therefore the complainant filed writ petition in the nature of Habeaus Corpus under Article 226 of the Constitution of India to produce the detenu (Prisha) in the Court.
Court Reasoning & Judgment
The Court was informed that detenue has been secured. When attempts were made by the court to interact with the minor detenue, she was apprehensive and reserved. Minor child appeared in the Chambers of the Judges. Having interacted with the minor child, the judges were of the view that there was no force or threat imposed on her either by fourth respondent or anyone else. The Court was also satisfied that she was in the care and custody of her mother which was not illegal detention or illegal confinement.
The Counsel appearing for the petitioner, Advocate Neeraj Saxena submitted that this was a matrimonial dispute which could be resolved through mediation. The Court considered the submission of the Counsel and directed the parties to explore possibility of arriving at an amicable settlement.
The parties appeared before the Director, Bengaluru Mediation Centre, Nyayadegula, H.Siddaiah Road, Bengaluru-560 027 and it was amicably settled that that the Father would pay Rs. 90,000/- (Ninety Thousand Only) per month in the account of the wife towards maintenance of her as well as of the Children, which also includes the rent of the premises in which the wife along with the Children is currently residing, and the expenses towards the Education of Minor Daughter and all other misc. expenses but it does not include the Educational Expenses of the Son which would be separately borne by the Husband.
After the amicable settlement, the Court was informed by Learned counsel appearing for petitioner that dispute having been referred to Bangalore Mediation Centre to explore the possibility of arriving at a settlement has resulted in settlement having been arrived at and has reported the terms agreed between parties for such settlement.
The Court considered the merits of the settlement and disposed of the Habeas Corpus writ petition under Section 89 of CPC r/w Rule 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2007, present writ petition stands disposed of by placing the said report on record.
Case Details
Case:- W.P.H.C. No. - 60 of 2021
Petitioner: Prisha Srivastava through her father Vimal Srivastava
Respondent: State of UP & Others
Counsel for the Petitioner: Advocate Neeraj Saxena
Counsel for the Respondent: HCGP
Judge: Justice Dr. Aravind Kumar and Justice Pradeep Singh
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