Rathod Akil v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE ACTING CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Petition No.10705 of 2019 Date: 10.06.2019 Between:

Rathod Akil

...Petitioner

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

...Respondents

Counsel for the petitioner : Mr. B. Sudhakar Reddy and Ms. Neeraja Reddy Counsel for the respondents: Mr. S. Santhosh Kumar attached to the office of the Additional Advocate General.

The Court made the following:

W.P.No.10705 of 2019 HACJ & Dr. SAJ ORDER: (Per the Hon'ble the Acting Chief Justice Raghvendra Singh Chauhan) The petitioner, Mr. Rathod Akil, has filed the present habeas corpus petition, inter alia, on the ground that his wife, Ms. Sumithra, the respondent No.9, has been illegally detained by her father, Mr. Lingagari Tirupathi Reddy, the respondent No.8.

On 06.06.2019, this Court had directed the learned Counsel Mr. S. Santhosh Kumar, attached to the office of the learned Additional Advocate General, to produce the detenue before this Court. Consequently, today the Police has produced Ms. Sumithra before this Court.

This Court has spoken to Ms. Sumithra. According to her, she had married the petitioner on her own volition. But, due to certain differences, she has left the matrimonial home on her own. Presently she is residing with her parents in her parental home. She has no desire to go back to her husband. She further informs this Court that she is twenty years old and she is a major.

Since Ms. Sumithra is a major, and she wants to stay with her parents and not with the petitioner, her staying with the parents cannot be said to be an illegal detention by the respondent No.8.

Therefore, this Court does not find any merit in the present Writ Petition; it is hereby dismissed.

W.P.No.10705 of 2019 HACJ & Dr. SAJ The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. _____________________________________ RAGHVENDRA SINGH CHAUHAN, ACJ _____________________________________ Dr. SHAMEEM AKTHER, J 10.06.2019 vs