Karnataka High Court
Mr Afzal Mushtaque Pawaskar vs Mrs Pothraju Archana Subhadra on 14 May, 2026
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2026:KHC:24723-DB
WPHC No. 52 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MAY, 2026
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MRS. JUSTICE P SREE SUDHA
WPHC NO. 52 OF 2026
BETWEEN:
MR AFZAL MUSHTAQUE PAWASKAR
S/O MUSHTAQUE PAWASKAR
AGE ABOUT 37 YEARS
AADHAR CARD: 4867 1045 9265
R/A FLAT NO 116, A BLOCK,
SAI GARDEN APARTMENTS,
KEMPAPURA MAIN ROAD
NARAYANAPPA GARDEN, YEMLUR
BENGALURU-560 037
...PETITIONER
(BY SRI. GOEL ANKUR RAMKUMAR., ADVOCATE)
Digitally AND:
signed by
PADMASHREE 1. MRS POTHRAJU ARCHANA SUBHADRA
SHEKHAR W/O AFZAL MUSHTAQUE PAWASKAR
DESAI
D/O P D V PRASADA RAO
Location: High
Court of AGE ABOUT 34 YEARS
Karnataka AADHAR CARD: 6901 8712 3117
R/O 55-23-55, MIG-71,
H B COLONY, NEAR SIVELAYM TEMPLE
VISAKHAPATNAM
ANDHARA PRADESH-530 022.
2. STATE OF KARNATAKA /POLICE INSPECTOR
MARAHTHAHALLI POLICE STATION
BANGALORE
REPRESENTED BY HCGP
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WPHC No. 52 of 2026
HC-KAR
3. COMMISSIONER OF POLICE
2, ALI ASKER RD, VASANTH NAGAR
BENGALURU
KARNATAKA-560 001.
4. COMMISSIONER OF POLICE
POLICE BARRACKS SURYABAGH
VISKHAPATNAM
ANDHARA PRADESH-530 001.
...RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R2-R4)
THIS WPHC IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO
a) ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS
DIRECTING RESPONDENT NO.1 TO PRODUCE THE MINOR
DAUGHTERS NAMELY -
1. ARIA AFZAL PAWASKAR AND
2. ZIARA AFZAL PAWASKAR BEFORE THIS HONBLE COURT
AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
and
HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL ORDER
(PER: HON’BLE MR. JUSTICE H.P.SANDESH)
This Writ Petition (Habeas Corpus) is filed under Articles
226 and 227 of the Constitution of India praying to issue
(a) Issue a writ in the nature of habeas corpus directing
respondent NO.1 to produce the minor daughters namely – 1.
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Aria Afzal Pawaskar and 2. Ziara Afzal Pawaskar before this
Court, b) Grant interim and/or permanent custody of the minor
children to the petitioner, in the interest and welfare of the
children, c) In the alternative grant reasonable visitation,
interaction and communication rights to the petitioner pending
disposal of the present petition and d) Direct respondent Nos.2
to 4 to extend necessary assistance in implementation of the
orders passed by this court.
2. There are 9 office objections and learned HCGP
appearing for the State submits that the wife has taken the
child along with her, and it is a dispute between the husband
and wife and misused the power of jurisdiction by filing Habeas
corpus.
3. Learned counsel also relied upon the judgment of the
Hon’ble Apex Court passed in Criminal Appeal
No.2194/2022, in case of Nirmala Vs Kulwant Singh and
others.
4. Having considered the factual aspects of the case, as
well as the submission of the counsel appearing for the
respondent, it is nothing but an abuse of process invoking of
writ of jurisdiction for family disputes. Instead of seeking
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WPHC No. 52 of 2026
HC-KAR
appropriate remedy, filed the writ petition before this court,
that too invoking the writ jurisdiction for production of the
child, by filing a writ of habeas corpus.
Hence, the writ petition is dismissed with the cost of
Rs.10,000/- to be paid within one week before the Registry.
If the cost is not paid within one week, registry is directed
to recover the same in accordance with law.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(P SREE SUDHA)
JUDGE
AKV
List No.: 1 Sl No.: 6
