Vadla Akhil v. Director General Of Police

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 W.P. No. 28297 of 2019 Date: 20.12.2019 Between:

Vadla Akhil ... Petitioner and Director General of Police, Lakdikapul, Hyderabad, and others

...Respondents

Counsel for the petitioner:

Dr. J. Vijayalaxmi 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:

ORDER: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Mr. Vadla Akhil, the petitioner, has filed this Habeas Corpus Petition inter alia on the ground that his wife, Mrs.G. Shravani, is being illegally detained by the respondent No.4, Kasturba Gandhi National Memorial Trust. According to the petitioner, his wife, Mrs. G. Shravani, is major, as she was born on 10.08.2001. His wife is an orphan. Therefore, she is forced to live with her maternal grandmother. According to the petitioner, Mrs. G. Shravani and he fell in love with each other, and they decided to marry. Their marriage was performed on 03.11.2019. However, the maternal family of his wife i.e., her maternal grandmother and two uncles are unhappy with her marriage. After he dropped out his wife at her family, the family has refused to permit him to meet his wife. Moreover, according to him, his wife has been assaulted by her maternal uncles.

Furthermore, he claims that his wife was taken to Keshampet Police Station, and the Station House Officer of the Keshampet Police Station has interned his wife with the Kasturba Gandhi National Memorial Trust, the respondent No.4. According to the petitioner, all the efforts made by him to meet his wife have been in vain, as the respondent No.4 has refused to permit him to meet his wife, while she is in the custody. Lastly, since his wife is major, since his wife is being kept by the Trust against her wishes, she is being

illegally detained by the respondent No.4. Hence, he filed the present petition before this Court.

By order dated 19.12.2019, this Court had directed Mr.S.Santosh Kumar, the learned counsel for the State, to produce Mrs.G.Shravani before this Court. Consequently, today, Mrs.G.Shravani has been produced before this Court. This Court had an occasion to speak to the detenue, Mrs.G.Shravani. She informs this Court that she was born on 10.08.2001. She has completed her Intermediate. Moreover, according to her, she married the petitioner on 03.11.2019. She has been accepted by the petitioner's family as a daughter-in-law. However, her maternal family is against the marriage. Therefore, they have taken her away. Subsequently, she has been confined with the respondent No.4. While she was with the respondent No.4, she has not been permitted to meet her husband, the petitioner.

But, according to her, she would like to rejoin the company of the petitioner, and to live in happy married life. This Court has asked Mrs.G.Shravani as to whether she perceives any threat to her, or her husband's lives. According to her, the Assistant Sub-Inspector of Police, Keshampet Police Station, has counselled her maternal side not to take any adverse action against her, or the petitioner. Therefore, presently, she did not perceive any threat to her, or the petitioner. Considering the fact that Mrs. G.

desire to rejoin the company of her husband, the petitioner, this Court directs the respondent No.3 to restore the custody of Mrs.G.Shravani with the petitioner.

Considering the fact that there is a slight possibility that the lives of the petitioner and Mrs. G. Shravani may be in danger, if not presently, but in the near future, this Court directs the Station House Officer, Shadnagar Police Station, to provide police protection, in case he were to receive any complaint or any information either by the petitioner, or by Mrs. G. Shravani with regard to any danger to their lives. 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: 20.12.2019 Note: Issue CC today B/o va