Shaik Ghouse Basha v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.34813 of 2018 DATE: 27-09-2018 Between:

Shaik Ghouse Basha ..... PETITIONER AND State of Andhra Pradesh, Rep.by its Principal Secretary, Home Department, Velagapudi, Krishna District and 4 others .....RESPONDENTS COUNSEL FOR THE PETITIONER: Sri P.RAVISHANKER COUNSEL FOR RESPONDENTS Nos. 1 to 4: A.G.P attached to A.G(AP) THE COURT MADE THE FOLLOWING:

CVNR,J & GSP,J WP.No.34813 of 2018 THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY & THE HON'BLE SRI JUSTI CE GUDI SEVA SHYAM PRASAD WRI T PETI TI ON No.34813 of 2018 ORDER: (Per Hon'ble Sri Justice C.V.Nagarjuna Reddy) The petitioner, who is married and having his wife alive and children, claims that he has developed live-in relationship with one Routhu Dhanalakshmi Sirisha (the alleged detenue). He has filed this Writ Petition for issue of Hebeas Corpus directing respondent No.5, the father of the alleged detenue, to produce her before the Court and set her at liberty. Though the petitioner claims that the alleged detenue is 25 years of age, no proof in respect thereof has been filed. The various averments raised by the petitioner and the alleged forcible custody of the alleged detenue by respondent No.5 also remained unsubstantiated.

Respondent No.5 being none other than the alleged detenue's father, it is not possible to believe that he will be acting contrary to the interests of her own daughter. Though the personal law of the petitioner may permit a second marriage, this Court can visualize the trauma the petitioner's first wife and his children would be suffering due to his alleged live-in relationship with the alleged detenue.

CVNR,J & GSP,J WP.No.34813 of 2018 Ironically, the petitioner who claims to be worried about the well being of an outsider like the alleged detenue, appeared to have thrown the welfare of his own wife and children to the winds in the name of love. In these facts and circumstances of the case, we are not inclined to entertain this Writ Petition for issue of a writ of Habeas Corpus. If the petitioner has any enforceable legal rights in common law, he is left free to avail the remedies available to him in common law courts. Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.

_______________________ Justice C.V. Nagarjuna Reddy ________________________ Justice Gudiseva Shyam Prasad Date : 27-09-2018 Dsr/AM