K. Sandeep Rao v. 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 WRIT PETITION No.4835 of 2020 05.03.2020 Between:

K. Sandeep Rao

...Petitioner

and State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Telangana, and others.

...Respondents

Counsel for the petitioner : Mr. N. Harinath Counsel for the respondents: Mr. S. Santhosh Kumar Special Government Pleader The Court made the following:

HCJ & AAR,J W.P.No.4835 of 2020 ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The petitioner has filed the present Habeas Corpus petition, inter alia, on the ground that he has been denied the visitation rights, as agreed by the parties before the Family Court, Secunderabad, in F.C.O.P.No.49 of 2016.

However, this Writ Petition is highly misplaced. Since the parties had already agreed with regard to the visitation rights, even if the opposite party is not permitting the petitioner to meet the child, the petitioner has sufficient legal remedies for execution of the decree passed by the Family Court. However, the Habeas Corpus jurisdiction cannot be misused for execution of a decree. Therefore, this Court does not find any merit in the present Writ Petition, and it is, hereby, dismissed.

The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ______________________________ RAGHVENDRA SINGH CHAUHAN, CJ ______________________________ A. ABHISHEK REDDY, J 05.03.2020 vs