Mrs. Rizwana v. The State Of Telangana

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD W.P.No.29475 of 2018 Date:20.9.2018 Between:

Rizwana, W/o Late M.A.Adil ....Petitioner And:

The State of Telangana, reptd by its Principal Secretary, Home Department, Hyderabad and five others.

....Respondents Counsel for the petitioner: Ms. B.Indrani Devi For M/s Advocate Hut Counsel for respondent Nos.1 to 5: GP for Home For Addl. Advocate General (TS) Counsel for respondent No.6: Mr. Mohd. Abdul Jabbar The Court made the following:

CVNR, J & GSP, J WP.No.29475 of 2018 Dt:20.9.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Habeas Corpus directing respondent No.6 to produce the petitioner's son by name M.A.Hameed (the alleged detenu), aged 17 years, before the Court and set him at liberty.

The alleged detenu is produced by the Police before the Court. He informed the Court that he is voluntarily staying with respondent No.6, who is the wife of his paternal uncle. The petitioner, however, expressed her strong desire to take the alleged detenu with her.

In spite of this Court trying to convince the alleged detenu, the latter expressed strong reservations against his living with the petitioner and expressed his desire to continue to live with respondent No.6.

In the above facts and circumstances of the case, the relief claimed in this Writ Petition cannot be granted. The Writ Petition is, accordingly, dismissed. However, dismissal of this Writ Petition would not preclude the petitioner from moving an application for custody of her son before the Court of competent jurisdiction.

___________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHAYM PRASAD 20th September, 2018 DR