The Karnataka High Court has fined a petitioner Rs 50,000 for filing a habeas corpus petition to obtain orders from the police for the release of his two-year-old daughter from her mother’s care.
The petitioner claimed that his wife took their baby from his care on 5 October 2021 and that he has not been allowed to see the child since then. The board found that the petitioner could have applied to the family court for custody of the child.
“Because this is a habeas corpus petition and it is about a citizen’s personal freedom, this court, as a constitutional court, must strive to save these innocent people. We give these cases top priority. We are putting pressure on the police to investigate and secure these people and release them. But we find from our experience that in most cases there is no reason, let alone sufficient reason, for the parties to go to this court,” a departmental bench led by Judge B Veerappa said.
The court said it was an abuse of legal process and an unnecessary waste of precious court time. “In doing so, instead of turning to the competent and competent court for the custody of his minor child, the petitioner has abused the state machinery and turned to that court, knowing full well that his daughter is safe, healthy and sound with his wife. It is nothing but the abuse of the court process. As a result, the petitioner is not entitled to the remedy sought in the petition and the written petition in the form of habeas corpus can be dismissed with costs,” the chamber said.
The petitioner was instructed to pay the cost amount to the police welfare fund. The bank also directed the Registrar Judicial to send the copy of the order to the relevant Deputy Commissioner to recover the amount from the petitioner as arrears of basic receipts if he fails to deposit within the stipulated time limit.
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