Guntaka Naveen Reddy v. The State Of Telangana And 4 Others

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.16139 of 2019 Date: 05.08.2019 Between:

Guntaka Naveen Reddy

...Petitioner

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

...Respondents

Counsel for the petitioner: Mr. Rapolu Bhaskar Counsel for the respondent Nos.1 to 5: Mr. Santosh Kumar Government Pleader The Court made the following:

HCJ & Dr.SA, J WP.No.16139 of 2019 Dt: 05.08.2019 ORDER: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Mr. Guntaka Naveen Reddy, the petitioner, has filed this Habeas Corpus Petition, ostensibly on the ground that his wife, Mrs.Guntaka Hema is being illegally detained by her parents. According to the petitioner, he and Mrs. Guntaka Hema fell in love with each other; they decided to marry each other. However, the parents of both the parties were against the said marriage. Therefore, according to the petitioner, on 16.12.2018, both the parties went to the Arya Samaj Temple at Nalgonda; they solemnized the marriage at 11.00 a.m. However, subsequently, the parents of Guntaka Hema approached him and his family, and promised to organize a reception, and a proper marriage.

Moreover, according to the petitioner, his wife has been taken away by his in-laws. Despite the promise that they will organize a proper marriage within a period of one month, neither the proper marriage has been organized, nor his wife has been sent back to him. Therefore, according to the petitioner, his wife is being illegally detained by her parents.

By order dated 02.08.2019, this Court had directed the respondent No.4 to produce Guntaka Hema before this Court. Consequently, today, Guntaka Hema has been produced before this Court.

This Court has spoken to Guntaka Hema. She informs this Court that on 16.12.2018, under duress and coercion, she was forced to marry the petitioner. She further informs this Court that she is nineteen years old. She is happily living with her parents. She wishes to continue to live with her parents; she has no desire to rejoin the company of the petitioner.

HCJ & Dr.SA, J WP.No.16139 of 2019 Dt: 05.08.2019 The learned counsel for the petitioner had narrated the facts mentioned herein above. According to him, Guntaka Hema is being illegally detained by her parents.

However, considering the statement made by Guntaka Hema, a person who is major, this Court does not find her staying with her parents as being an illegal detention. Therefore, the respondent No.4 is directed to restore the custody of Guntaka Hema to her parents.

With these directions, the writ petition stands disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) _____________________________ (Dr. SHAMEEM AKTHER, J) Date: 05.08.2019 va