Gunja Mahesh Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No. 16055 of 2018 ORDER : (Per Hon'ble Sri Justice C.Praveen Kumar) The present writ petition is filed seeking Habeas Corpus directing the respondents 2 and 3 to produce the Uppula Navya and declare that her detention is illegal and arbitrary. 2.

The petitioner is said to be the husband of the alleged detenue and that their marriage took place on 02.05.2017 at Arya Samaj, Chengicherla, Ghatkesar Mandal, Rangareddy District. Subsequent to the marriage, both of them lived together for a period of ten months and thereafter, the detenue left the company of the petitioner. Since the alleged detenue has been illegally confined, the present petition came to be filed.

3.

Pursuant to the notice issued, the detenue and the writ petitioner appeared before this court and they are identified by their respective counsel.

4.

When we examined, the alleged detenue with free will and consent, and without any coercion from any corner, stated that she married the writ petitioner in the month of May, 2017 and she does not want to live with the petitioner. She states that she is now living happily with her parents. She further stated that she does not

CPK,J & TA, J WP No. 16055_2018 intend to join her husband. We have also examined the mother of the detenue, who supported the view of her daughter. 5.

The petitioner, who is the husband of the detenue, is examined the chambers and he denied the allegations of harassment made against him. He submits that the said version of the detenue is true, nothing prevented the detenue from leaving his company during the period of her stay with him in his house. According to him, he used go to office at 2.00 p.m. and returned by 9.00 a.m. during which time, the detenue could have left his company. He states that the version of the denue is at the instance of her mother and as such he pleads for her custody.

6.

We have perused the material on record.

7.

As the alleged detenue is a major and since she wants to stay with her parents only, the request of the petitioner cannot be accepted.

8.

Accordingly, the writ petition is dismissed. However, the writ petitioner is at liberty to avail the remedies if any available in law. ____________________ C. PRAVEEN KUMAR, J __________________ T.AMARNATH GOUD, J Dt .02.05.2018 Mj l/*

CPK,J & TA, J WP No. 16055_2018 HON'BLE SRI JUSTICE C.PRAVEEN KUMAR AND HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No. 16055 of 2018 ORDER : (Per Hon'ble Sri Justice C.Praveen Kumar) 02.05.2018 Mjl/*