Guggilla Santhosh Kumar v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY W.P. No. 24347 of 2019 Date: 11.11.2019 Between:

Guggilla Santhosh Kumar ... Petitioner and State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad, and others.

...Respondents

Counsel for the petitioner:

Mr. V. Prabhakar Reddy Counsel for the respondent Nos.1 to 3: Mr. Santosh Kumar, GP attached to the Office of the Advocate General The Court made the following:

HCJ & AAR, J W.P. No.24347 of 2019 Dt: 11.11.2019 ORDER: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Mr.Guggilla Santhosh Kumar, the petitioner, has filed the present Habeas Corpus Petition inter alia on the ground that his wife, namely, Kesaboina Srilatha @ Guggilla Srilatha, is being illegally detained by his father-in-law. In compliance of the order dated 08.11.2019, the respondent Nos.2 and 3 have produced the detenue, namely Kesaboina Srilatha @ Guggilla Srilatha, before this Court. This Court has spoken to Kesaboina Srilatha @ Guggilla Srilatha. She informs this Court that she is major. She further states that the petitioner, who happened to be a driver in her family, had forced her to marry him by threatening her that he would kill the members of her family.

Therefore, she had performed her marriage purely under threat and duress. She further informs this Court that she had already filed a divorce petition in the concerned Family Court about a month back. She further states that she has no desire to interact, or to meet, or to live with the petitioner. In fact, she is living happily with her parents out of her own free will. Considering the statement made by Kesaboina Srilatha @ Guggilla Srilatha, this Court does not find her staying with her parents as being an illegal detention. Therefore, this Court directs the respondent Nos.2 and 3 to restore the custody of Srilatha to her parents.

HCJ & AAR, J W.P. No.24347 of 2019 Dt: 11.11.2019 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) _____________________________ (A. ABHISHEK REDDY, J) Date: 11.11.2019 va