High Court for State of TelanganaWP/25720/2019dismissed no costs

Gudikandula Ranjeeth Kumar v. The State Of Telangana And 6 Others

2019-11-29Raghvendra Singh Chauhan,A.Abhishek Reddy3 pages

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY 29.11.2019 Between:

Gudikandula Ranjeeth Kumar ... Petitioner and The State of Telangana and others

...Respondents

Counsel for the petitioner : Mr. Pole Vishnu Counsel for the respondents: Mr. Sripathi Santhosh Kumar, Special Government Pleader The Court made the following:

HCJ&AAR,J ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The petitioner has filed the present Habeas Corpus Writ Petition, ostensibly, on the ground that his wife, Smt. Vaishnavi, is being illegally detained by her mother, Bakka Shanthabai, the respondent No.5. Mr. Sripathi Santhosh Kumar, the learned Special Government Pleader, has filed a counter-affidavit on behalf of the Station House Officer, Chikkadpally Police Station, the respondent No.4. According to the investigation done by the police, Smt. Vaishnavi has left for Australia on 26.11.2017, and returned to India on 23.02.2018. On 26.03.2018, she has gone back to Australia, where she still continues to reside. According to the letter dated 25.11.2019, sent by Mrs.

Marial Lewis, Partner and Senior Solicitor, the detenue has, in fact, already applied for protection visa. Therefore, the detenue continues to reside out of her own free will in Australia. Furthermore, according to the police, the detenue has already filed a divorce petition against the present petitioner, namely SR FCOP.No.8635 of 2017, before the Family Court, City Civil Court, Hyderabad. Since the detenue is freely residing in Australia, obviously, it is not a case of illegal detention of the detenue by the respondent No.5. Hence, this Court does not find any merit in this Habeas Corpus Writ Petition; it is, hereby, dismissed. The counter-affidavit filed by the respondent No.4 shall be returned to the learned Special Government Pleader. There shall be no order as to costs.

The miscellaneous petitions pending, if any, shall stand closed. _____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ A.

HCJ&AAR,J High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 29.11.2019 JSU