Mohd. Omer Ali v. The State Of Telangana

Date : 16 .02.2022 Between:

Mohd Omer Ali S/o Late Mohammed Ali Age about 36 years Occupation Grade Ill Librarian R/o H No 18-13-8/CT/A/215 Cystal Town Bandlaguda Hyderabad Telangana Petitioner And The State of Telangana Through Home Department Represented by its Principal Secretary Secretariat Buildings Hyderabad & others Respondents The Court made the following:

ORDER: (Per Hon'ble Sri Justice P Naveen Rao) Heard learned counsel for petitioner Mohd Islamuddin Ansari, learned Government Pleader for Home appearing for learned Advocate General for respondents 1 to 3 and Sri M.A. Mujeeb, learned counsel for respondents 4 to 6.

2.

This writ petition is filed seeking following relief: ".........to issue Writ order or direction particularly one in the nature of Writ of Habeas Corpus directing the Respondent No 3 to trace the wife of the petitioner namely Hameeda Sultana W/o Mohd Omer Ali aged about 26 years Occupation Doctor who is in illegal custody respondent nos 4 to 6 as arbitrary illegal in violation of the Article 21 of the Constitution of India and consequently direct the 3rd respondent to produce Hameed Sultana before this Hon'ble Court and to pass..." 3.

Petitioner claims that he married Hameeda Sultana daughter of Dr Mohammed Jamal-4th respondent herein on 14.12.2020 but father and brothers of Hameeda Sultana arrayed as respondents 4 to 6 are not allowing her to join his company and illegally confined her in a room. 4.

Hameeda Sultana is produced in person before this Court and we have interacted with her. She says that she married the petitioner and she wants to live with petitioner but her parents and brothers are not allowing her to join the company of her husband. We have also interacted with learned counsel for respondents 4 to 6 Sri M.A. Mujeeb, he states that till yesterday, respondents 4 to 6 were not aware of the marriage said to have been performed on 14.12.2020; that Hameeda Sultana has never informed them about her marriage with petitioner; that petitioner herein is already married and having three children; that now respondent 4 to 6 having come to know about the

marriage, they have no objection if Hameeda Sultana willing to join the company of her husband.

5.

In the circumstances, writ petition is disposed of permitting Hameeda Sultana to join the company of her husband/petitioner herein. No costs. Miscellaneous applications, if any pending stand closed. __________________ P NAVEEN RAO,J ___________________ Dr. G.RADHA RANI,J DATE: 16.02.2022 TVK

Date : 16 .02.2022