Shivarasi Raghavender v. The State Of Telangana

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND THE HON'BLE Ms. JUSTICE J. UMA DEVI WRIT PETITION NO.18088 OF 2017 DATED:07-06-2017 Between:

Shrivarasi Raghavender and another ... Petitioners And The State of Telangana Through its Principal Secretary Home Department Secretariat Hyderabad and others ... Respondents COUNSEL FOR THE PETITIONERS: Mr. B. Vijaysen Reddy COUNSEL FOR RESPONDENT NOs.1 to 4: Assistant Government Pleader, Attached to the Office of the Advocate General (TS) COUNSEL FOR RESPONDENT NOs.5 and 6: - THE COURT MADE THE FOLLOWING:

CVNR, J & JUD, J WP 18088/2017 ORDER: (per the Hon'ble Sri Justice C.V. Nagarjuna Reddy) This writ petition is filed for issue of habeas corpus directing respondent Nos.3 and 4 to produce the daughter of the petitioners, by name, Shivarasi Vedhasri (the alleged detenue), aged 19 years, before this Court and release her from the clutches of respondent Nos.5 and 6. At the hearing, the alleged detenue has appeared and informed the Court that she is a major and she has willingly married respondent No.5 and that she is staying with him along with his parents on her own volition and out of her free will.

Mr. B. Vijaysen Reddy, learned counsel for the petitioners, submitted that as respondent No.5 is only 18 years of age, his purported marriage with the alleged detenue is illegal, if not void, and that therefore respondent No.5 cannot retain the custody of the alleged detenue. As the scope of writ of habeas corpus is confined to adjudicating as to whether the alleged detenue is in the illegal custody of any person or not, it is not possible for this Court to decide as to whether in law respondent No.5 is entitled to live with the alleged detenue. The petitioners being the parents of the alleged detenue are always entitled to avail appropriate common law remedies for taking back her custody. Subject to this liberty given to the petitioners as above, the writ petition is dismissed.

As a sequel to dismissal of the writ petition, W.P.M.P. No.22082 of 2017 filed by the petitioners for interim relief shall stand disposed of as infructuous.

__________________________ C.V. NAGARJUNA REDDY, J _________________________ J. UMA DEVI, J 07-06-2017 bnr

CVNR, J & JUD, J WP 18088/2017