M.Jayalakshmi v. The State Of Telangana Through Director General Of Police

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 6014 OF 2016 11-04-2016 Between:

Chappidi Kantaveni ... Petitioner And The State of Andhra Pradesh, Home Department, rep., by its Principal Secretary, Secretariat, Hyderabad and others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 6014 OF 2016 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) This Habeas Corpus writ petition is filed by the grandmother alleging that her grandchild has been illegally detained by respondent No.3. Admittedly, mother of the child is not in India since September, 2015 and the child is in the custody of father who is respondent No.3 in the petition. In view of these admitted facts, we are of the prima facie opinion that respondent No.3 and his parents cannot be said to have illegally detained the child Lakshmi Akshara. In the circumstances, we are not inclined to entertain this writ petition. Writ petition is disposed of.

Disposal of the writ petition however shall not preclude the petitioner or the mother from approaching appropriate Court for custody of the child or access to the child in the absence of mother. While passing this order, it is made clear that we have not examined rights of the parties as to who is entitled for custody of the child. The appropriate Court may deal with the matter on merits, in accordance with law if any petition seeking custody or any other relief regarding the child is filed by either of the parties.

_________________________ DILIP B. BHOSALE, ACJ ________________________ P. NAVEEN RAO, J

11-04-2016 ks