Man moves SC against Karnataka-cadre IAS officer for detaining his minor children

A man from Gurgaon has approached the Supreme Court with a habeas corpus petition against his brother-in-law, a Karnataka-cadre IAS officer, for illegally detaining his minor son and daughter after demise of his wife.

Acting on a plea by Sachin Gaur, a bench presided over by Chief Justice S A Bobde issued notice to the Karnataka government and his wife's brother, IAS officer Munish Moudgil, and wife's sister, Anupam M Vikas, seeking their response within four weeks.

On hearing advocates Pradeep Kumar Mathur and Chiranjeev Johri for the petitioner, the court, however, made it clear that the court was entertaining his plea only on humanitarian ground and that custody rights will have to be settled by an appropriate forum.

The man, in his plea, said his wife Pooja complained of high blood pressure on June 4. She was taken to Bengaluru with two children by his brother-in-law and sister-in-law on June 6.

On June 12, the petitioner was informed of the sudden demise of his wife. When he reached Bengaluru along with his parents, medical reports and other details were not shared with him, he alleged. He claimed he was allowed to meet his children for 10 minutes only on instructions that he would not discuss about their mother with them.

Since June 14, when he returned back along with his parents, the petitioner claimed he was not being allowed to talk to his children. His brother-in-law and sister-in-law were neither picking up his calls nor responding to WhatsApp messages, rising his apprehension that his children were not being taken proper care and were under captivity and might be tortured.

"The minor children have legal right to be in the lawful custody of their father, the natural guardian after the expiry of their mother," his plea stated.