Gochipathala Ajay Kumar v. State Of Telangana,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.29838 of 2017

O R D E R

(per SK,J) The petitioner seeks a writ of habeas corpus directing the respondent authorities to produce his wife, Saikrupali, and his daughter, Krupali, from the illegal confinement of the fourth respondent and to grant him their custody.

Notice having been ordered, the learned Assistant Government Pleader attached to the office of the learned Additional Advocate General produced Saikrupali before the Court. We interacted with her in camera and she informed us that no actual marriage ceremony was performed between her and the petitioner but admitted that they had a daughter who is presently in her custody. She further stated that she was held by the petitioner against her will at Ongole and it was with great difficulty she could get out of his clutches. She confirmed that she was staying with her parents out of her own free will and consent and that she was not being held forcibly.

In that view of the matter, we see no reason to exercise our jurisdiction for issuance of a writ of habeas corpus as there is no indication of any illegal detention of Saikrupali. As the daughter is stated to be aged less than a year, it would be in the interest of the child to remain with her mother. We therefore see no grounds to interfere in the matter.

The writ petition is devoid of merit 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:13.09.2017 PGS