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High Court for State of TelanganaWP/13807/2017disposed of no costs

Yada Vijaya Nirmala W/O. Venkateswarlu, v. The State Of Telangana Rep. By Its Prl. Secretary, Home

2017-04-25Suresh Kumar Kait,Gudiseva Shyam Prasad2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.13807 of 2017 ORDER: (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) Vide the present petition, petitioner seeks directions, thereby directing the respondents to produce her daughter, namely, G.Sai Gouthami, aged about 20 years, before this Court and set her at liberty.

2.

Pursuant to order dated 18.04.2017, G.Sai Gouthami, is present in the Court, who admitted that earlier she married one Mr.G.Naga Murali on 08.02.2012, thereafter taken divorce on paper, however, not from the Court. Thereafter, she married one Mr.Siva Prasad on 21.03.2017. Her date of birth is 29.08.1998, she is a major and she does not want to go with her parents and wants to stay with Mr.Siva Prasad, whom she married on 21.03.2017.

3.

As stated in the present petition, G.Sai Gouthami, was married on 08.02.2012 to Mr.G.Naga Murali and thereafter married to Mr.Siva Prasad, the present husband, on 21.03.2017. When the detenue, G.Sai Gouthami, is already married to another person, question is raised by the petitioner that, how can she marry another person, during the subsistence of earlier marriage. But, the issue, whether her marriage with Mr.Siva Prasad is valid or not, is not before this Court.

SKK, J & GSP, J W.P.No.13807 of 2017 4.

The petitioner has filed the present petition for a Writ of Habeas Corpus seeking direction to produce the detenue, G.Sai Gouthami, before this Court. Admittedly, G.Sai Gouthami, who is present, is a major. We cannot, therefore, dictate terms to her, whether she should stay with her parents or with the first husband or the second husband, however, it depends on her wish. 5.

In view of the same, no further orders need be passed in the present petition and the same is accordingly disposed of. No order as to costs.

As a sequel, miscellaneous petitions if any pending stand closed.

_______________________ SURESH KUMAR KAIT, J ____________________________ GUDISEVA SHYAM PRASAD, J April 25, 2017 MRR