K.Manjusha Parvathi v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER W.P.No.15391 of 2019 Date: 25.07.2019 Between:
S.K. Manjusha Parvathi
...Petitioner
and The State of Telangana, Rep. by its Principal Secretary Home Department, Secretariat Buildings, Hyderabad, Telangana and others.
...Respondents
Counsel for the petitioner: Mr. V. Narasimhulu Counsel for the respondent Nos.1 to 7: Mr. S. Santosh Kumar Special G.P.
The Court made the following:
ORDER: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The petitioner, Smt.S.K.Manjusha Parvathi, has filed the present Habeas Corpus Petition ostensibly on the ground that her daughter, Ms. G.R. Mallika, is being illegally detained by the respondent No. 8, Mr.K. Upender.
By order dated 24.07.2019, this Court had directed Mr.S.Santosh Kumar, the learned Special Government Pleader, to produce the detenue before this Court today. Consequently, Ms.G.R.Mallika has been produced before this Court by the respondent No. 7, the Station House Officer, Alwal Police Station, Secunderabad.
This Court has spoken to Ms.G.R. Mallika. She informs this Court that prior to her marriage to respondent No.8, Mr.K. Upender, she was known as Ms.G.R. Mallika. However, now she is known as Mallika.K. She further informs this Court that she is twenty-two years old. She married Mr.K. Upender out of her own free will. Since both of them had fallen in love, their marriage was solemnized on 17.06.2019 in Dalitha Kalyana Vedika Sangam, situated at Venkateswara Nagar, near H.B.
Colony, Moula-Ali, Hyderabad. According to her, ever since her marriage with the respondent No.8, she is living happily with her husband and her in-laws. Therefore, she has no desire to live with her parents, or with the parental family. Moreover, she informs this Court that she is being constantly threatened by her parents, and by her parental family. Even after her marriage,
they have been creating disturbance in her college situated at Kompally. Therefore, she has prayed that since the lives of her husband and herself are under threat, this Court should direct the police to provide protection to them. Since Mallika.K is major, since she wishes to continue to stay with the respondent No.8, her custody with the respondent No.8 continues to be a legal one. Hence, this Court directs the respondent No.7 to restore the custody of Mallika.K to the respondent No.8, Mr.K. Upender. Since there is a threat to the lives of the couple, this Court directs the Circle Inspector of Police, Medchal, the Station House Officer, Alwal Police Station, and the Station House Officer, Kushaiguda Police Station, that in case they receive any request from Mallika.K or her husband, Mr.K.
Upender, with regard to the threat to their lives, the police shall provide protection to them immediately. The police shall also ensure that Mallika.K continues to attend her college, without any disturbance from her parents, or her parental family. In case either her parents, or any member of her parental family disturbs or threatens Mallika.K and/or her husband, Mr.K. Upender, the police is directed to take a strict action against them in accordance with law. For the reasons stated above, this Court does not find any merit in the present Habeas Corpus Petition. It is, hereby, dismissed. There shall be no order as to costs.
A copy of this order shall be sent to the respondent No.7 for immediate implementation.
As a sequel, miscellaneous petitions, pending if any, shall also stand dismissed.
________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) _____________________________ (Dr. SHAMEEM AKTHER, J) Date: 25.07.2019 Note: Issue CC forthwith B/o va