Shaik Hafeez v. The State Of Telangana

High Court for the State of Telangana The Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan and The Hon'ble Sri Justice A. Abhishek Reddy W.P. No. 528 of 2020 Date: 05-03-2020 Between:

Shaik Hafeez

...Petitioner

And The State of Telangana Rep. by its Principal Secretary Home Department, Secretariat, Hyderabad and 6 others

...Respondents

Counsel for the petitioner: Mr. Gopinath Lakkineni Counsel for respondent Nos.1 to 6: Mr. Sripathi Santosh Kumar, GP attached to the office of the AG The Court made the following:

HCJ & AAR, J W.P. No. 528 of 2020 Dt: 05-03-2020 Order: (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan) The Karnataka Police has produced the detenue, namely Smt. Shaik Samreen @ Shilpa Shaik, from Mudhol, Bagalkot District.

This Court has spoken both to the petitioner, and to the detenue. The detenue informs this Court that since she has a daughter, she would prefer to go back to the petitioner, and to live with him and his family. However, her apprehension is that her parents may take some steps against her husband, the petitioner, as well as against her.

The petitioner informs this Court that he would have no difficulty in looking after the welfare of the detenue. According to him, it will be better if they were to live happily as husband and wife for the sake of the child. According to him, he has already taken a separate accommodation where he is willing to look after the welfare of his wife, the detenue. Considering the fact that the detenue happens to be a major, considering the fact that she wants to rejoin the petitioner in their matrimonial home, this Court directs the respondent No. 2, the Superintendent of Police, Bhadradri, Kothagudem District camp at Kothagudem Town, and the respondent No. 5, the

HCJ & AAR, J W.P. No. 528 of 2020 Dt: 05-03-2020 Station House Officer, Palvancha Town Police Station, Bhadradri Kothagudem District, to escort the detenue and the petitioner back to their home. Both the respondent Nos. 2 and 5 are further directed to ensure that neither the petitioner, nor the detenue, should be threatened by her parents. In case, they were to receive any information from the petitioner, or the detenue that they are being so threatened by the detenue's parents, the respondent No. 2, the Superintendent of Police, Bhadradri, Kothagudem District camp at Kothagudem Town, is directed to take immediate action against the detenue's parents. Since it is a case of intercommunity marriage, the respondent Nos. 2 and 5 are directed to be extra cautious, and to be sensitive to the physical safety of the petitioner and the detenue. With these directions, the writ petition stands allowed. As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.

______________________________ (Raghvendra Singh Chauhan, CJ) ____________________ (A. Abhishek Reddy, J) Dt: 05-03-2020 Note:

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