Vutti Sandhya v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.27648 of 2017

O R D E R

(per SK,J) The petitioner seeks a writ of Habeas Corpus to produce the detenu, her son, aged 4 years, from the custody of her husband, the father of the child.

Despite the fact that notice is yet to be ordered in this writ petition, the fourth respondent, the father of the child, filed a counter affidavit stating that the petitioner filed O.P.No.1448 of 2017 on the file of the Family Court, Ranga Reddy District at L.B.Nagar, under Sections 7, 9 and 10 of the Guardians and Wards Act, 1890, seeking custody of their son.

In the light of the aforestated fact, it is clear that the petitioner is seeking to pursue parallel remedies simultaneously. Further, a petition for a writ of Habeas Corpus is not the proper remedy for settling custody disputes between parents. The writ petition is therefore not maintainable on grounds more than one and is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ SANJAY KUMAR,J ___________________________ Dr. SHAMEEM AKTHER,J Date:30.08.2017 PGS