Swapna Dhuduka v. The State Of Telangana And 5 Others

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 WRIT PETITION No.4018 of 2020 Date: 02.03.2020 Between:

Swapna Dhuduka ... Petitioner and The State of Telangana, Rep. by its Principal Secretary, Home Department, Hyderabad, and others.

...Respondents

Counsel for the petitioner :

Mr. Omar A Pasha Counsel for the respondent Nos.1 to 4: Mr. Santosh Kumar, GP attached to the Office of the learned Advocate General The Court made the following:

HCJ & AAR, J W.P. No.4018 of 2020 Dt:02.03.2020 ORDER: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Ms. Swapna Dhuduka, the petitioner, has filed this Habeas Corpus Petition inter alia on the ground that her two children, the son, Dhruvi, aged seven years, and the daughter, Pranavi, aged five years, are being illegally detained by her brothers, namely Mr. Machagiri, the respondent No.5, and Mr. Gopalakrishna, the respondent No.6.

The learned counsel for the petitioner submits that since the petitioner happens to be the biological mother of both the children, she is their natural guardian. Therefore, her brothers cannot keep the custody of the children with them. Hence, the custody of the children with the respondent Nos.5 and 6 happens to be an illegal one. Thus, the custody of the children needs to be restored to the petitioner immediately.

In compliance of the order dated 26.02.2020, both the children have been produced before this Court by the respondent Nos.5 and 6.

Needless to say that the petitioner would have the right to custody of her two children. Therefore, the respondent Nos.5 and 6 are not justified in keeping the children in their custody. Hence, the Station House Officer, Neredmet Police Station, the respondent No.2, and the respondent Nos.5 and 6 are directed to handover the custody of both the children to the petitioner immediately.

HCJ & AAR, J W.P. No.4018 of 2020 Dt:02.03.2020 Since the respondent Nos.5 and 6 have an objection to the petitioner having the custody of the children, as they happen to be her children through her first marriage, the Station House Officer, Neredmet Police Station, is directed to provide protection to the petitioner, and to ensure that no untoward incident happens to the petitioner or to her children from the respondent Nos.5 and 6.

With these directions, the writ petition stands disposed of. There shall be no order as to costs.

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

________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) _____________________________ (A. ABHISHEK REDDY, J) Date: 02.03.2020 va