Mohd. Moizuddin v. The State Of Telangana

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad Writ Petition No.14673 of 2018 Date: 13.06.2018 Between:

Mohd. Moizuddin ... Petitioner and The State of Telangana Rep. by its Prl.Secretary, Home Department, Secretariat, Hyderabad and 5 others

...Respondents

Counsel for the Petitioner:

Mohammed Afzaluddin Dakhni Counsel for respondent Nos.1 to 4: AGP attached to AG (TG) Counsel for respondent Nos.5 & 6: Mr.Badana Bhaskara Rao The Court made the following:

CVNR, J & GSP, J WP.No.14673 of 2018 Dt: 13.06.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of a Habeas Corpus directing respondent Nos.2 to 4 to produce Oggu Madhuri, D/o. Oggu Srisailam (for short 'the alleged detenue') before the Court and set her free.

In pursuance of the direction issued by this Court on 05.06.2018, the alleged detenue is produced by her parents, who were subsequently impleaded as respondent Nos.5 and 6. We have interacted with the alleged detenue, who denied her marriage with the petitioner. She stated that she was misled into signing some papers and that she has not married the petitioner. She further stated that she does not want to join the company of the petitioner and that she is voluntarily living with her parents.

As the alleged detenue is, admittedly, a major, who is stated to be living with her parents with her free will, it cannot be held that she is in the illegal custody of the former.

Accordingly, the Writ Petition is dismissed, however, with liberty to the petitioner to avail appropriate remedies available to him in law before the common law Courts.

______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 13th June, 2018 lur

CVNR, J & GSP, J WP.No.14673 of 2018 Dt: 13.06.2018