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High Court for State of TelanganaWP/18280/2017dismissed

Kaligotla Anusha, W/O Yoga Gopal Krishna Sarat, v. The State Of A.P.,

2017-06-152 pages

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE MS. JUSTICE J.UMA DEVI WRIT PETITION No.18280 of 2017 Date: 15.06.2017 Between:

Kaligotla Anusha, W/o Yoga Gopal Krishna Sarat .. Petitioner and

1. The State of A.P. represented by its Principal Secretary, Home Department, Secretariat, Amaravathi, Suryaraopeta, Vijayawada, Krishna District and 4 others .. Respondents Counsel for the Petitioner : Mr. Ch.Srinivas Counsel for the Respondents : A.G.P. for Home (AP) THE COURT MADE THE FOLLOWING:

CVNR, J& JUD,J W.P.No.18280 of 2017 ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus directing respondent Nos.4 and 5 to produce the petitioner's minor son by name Sumedh Bhaskar before this Court and hand over his custody to her.

At the hearing, the learned Assistant Government Pleader for Home (AP), on instructions, submitted that according to the information received by the police, the petitioner's minor son is in the custody of his father - respondent No.4 at Bhimavaram. The learned Counsel for the petitioner submitted that there are matrimonial disputes between the petitioner on one side and respondent No.4 on the other side.

Inasmuch as the minor son being in the custody of no other than his own father at Bhimavaram, the petitioner is not entitled to seek his custody by way of a Writ of Habeas Corpus. If the petitioner is, so advised, she can avail appropriate legal remedies available to her in law for claiming the custody of her minor son. Subject to this liberty given to the petitioner, the Writ Petition is dismissed.

__________________________ C.V.NAGARJUNA REDDY, J ________________ J.UMA DEVI, J Dt: 15.06.2017 Gsn.