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High Court for State of TelanganaWP/9808/2017closed no costs

Njayashree, v. The State Of Telangana. Rep. By Its Principal Secretary

2017-03-20Suresh Kumar Kait,U.Durga Prasad Rao2 pages

HON'BLE SRI JUSTICE SURESH KUMAR KAIT AND HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.9808 of 2017 ORDER : (Oral) (Per Hon'ble Sri Justice Suresh Kumar Kait) The present petition is filed being aggrieved by the action of respondent No.3 in detaining petitioner's daughter, namely, Ashwini in his custody and not permitting the petitioner and her husband even to speak with their daughter in the office of respondent No.3 by detaining her in an isolated place.

2.

It is stated in the petition that after putting all efforts to trace the whereabouts of her daughter, her husband lodged a complaint with P.S.Narayanguda and Crime No.65 of 2017, dated 13.02.2017 was registered. As the Police, Narayanguda, even after having whereabouts of her daughter not brought her back, the husband of the petitioner filed W.P.No.7597 of 2017 before this Court on 2nd of March 2017. After filing of the writ petition, the Police, Narayanguda, however, traced the whereabouts of her daughter and informed them that their daughter is in Warangal Town and asked them to come to the office of respondent No.3. Accordingly, the petitioner and her husband on 14th March 2017, approached respondent No.3 at around 11 a.m., where, respondent No.3 asked them to wait for some time. After some time, their daughter was brought to the office of respondent No.3 escorted by few male and female persons. At that time, their daughter was looking so weak and seemed to be very tired and under the influence of drugs.

SKK, J & UDPR, J W.P.No.9808 of 2017 3.

On receiving the advance copy of petition, respondents have produced the daughter of the petitioner, namely, Ashwini. This Court interacted with the above named girl. She states that she is a graduate in Engineering. She is a major. She loves Kamalakar, resident of Warangal. She will marry him and her parents are not agreeing to that marriage, however, she has decided to marry the same guy. She further submits that she is staying in a women's hostel. She is comfortable at that place. Before marriage, she does not want to go with the petitioner/mother.

4.

The alleged detenu Ashwini is major as she was born on 20th June 1995. She is staying at her own wish and wants to live her life in her style. No law or any Court can compel her or dictate the terms where to stay and with whom to stay - whether with the parents or with some one else. 5.

In view of the facts noted above, no order is required to be passed in the present petition. The writ petition is accordingly closed. No costs. 6.

We hereby made clear that the petitioner, her family members, relatives, near and dear will not create any problem to the girl, namely, Ashwini. They shall not meet her without her permission. Pending miscellaneous applications, if any, shall stand closed. ________________________ SURESH KUMAR KAIT, J _________________________ U.DURGA PRASAD RAO, J 20th March 2017 ajr