Gajjeli Narsamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.6455 of 2018 Between:

Gajjeli Narsamma ..Petitioner and The State of Telangana, represented by its Principal Secretary, Home Department, Secretariat, Hyderabad and others ..Respondents Counsel for the petitioner: Mr.C.Upendra Counsel for respondent Nos.1 to 4: Assistant Government Pleader attached to Advocate General (T.S.) Counsel for respondent No.5: -- The Court made the following:

CVNR,J & GSP,J W.P.No.6455 of 2018 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus directing the official respondents to produce the petitioner's daughter - G.Anitha, D/o G.Ramulu (for short -'the alleged detenue') before the Court and set her at liberty.

2.

Today, respondent No.4 has produced the alleged detenue before the Court. She has informed the Court that she married one Naagesh, the resident of the same Village to which the petitioner and the alleged detenue belong and that they do not want to get separated from each other. After talking to the alleged detenue, the petitioner desired that her daughter - the alleged detenue may be sent with her, at least, till the marriage of her elder daughter is performed. The alleged detenue has agreed to join her parents, provided her purported husband also accompanies her.

The petitioner and her husband have submitted that they have no objection for both their daughter and her purported husband to live with them and that they will not cause any harm to them. When the said Naagesh expressed his apprehension that he may be harmed by the relatives of the petitioner and her husband, if not the latter, the learned Assistant Government Pleader attached to the learned Advocate General (T.S.) appearing for respondent Nos. 1 to 4, on instructions from respondent No.4, who is personally present in the Court, has submitted that Palepahad Village is a

CVNR,J & GSP,J W.P.No.6455 of 2018 faction Village and that there will be no safety for the alleged detenue and her purported husband. That apart, it is admitted that the alleged detenue is a major and Naagesh whom she claimed to have married is also a major. Therefore, they have right to live according to their wish. If they do not intend to join with the petitioner and her husband, they cannot be forced to do so. As the alleged detenue has stated that she is voluntarily living with the said Naagesh, the relief claimed in this writ petition cannot be granted.

3.

The Writ Petition is, accordingly, dismissed. __________________________ C.V.NAGARJUNA REDDY, J ____________________________ GUDISEVA SHYAM PRASAD, J 27th February, 2018 GHN