Chiranjeevi Sujatha v. The State Of Andhra Pradesh

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice P.Keshava Rao Writ Petition No.35946 of 2018 Dated 1st November, 2018 Between:

Chiranjeevi Sujatha

...Petitioner

and 1.The State of Andhra Pradesh Rep. by its Prl.Secretary, Home Dept., Secretariat, Velagapudi, Amaravathi and 3 others.

... Respondents Counsel for the petitioner:

Mr.Praveen Kumar Challa Counsel for respondent Nos.1 to 3: AGP attached to AG (AP) This Court passed the following:

CVNR, J & PKR, J WP.No.35946 of 2018 Dt: 01-11-2018 Order: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Habeas Corpus directing respondent Nos.1 to 3 to produce the petitioner's daughter- Shaini Maney (for short 'the alleged detenue') before the Court and set her at liberty.

In pursuance of the direction issued by this Court, respondent No.3 has produced the alleged detenue from Swadaar Home, Mahilapranganam, Guntur. Respondent No.3 also ensured the presence of respondent No.4.

On our interaction with the alleged detenue, she stated that she married respondent No.4 on 21-09-2018 and that as respondent No.4 was arrested in connection with a crime registered, at the instance of the petitioner, for her alleged kidnap, she preferred to stay in Swadaar Home instead of with the petitioner. Respondent No.4 has placed before us his Secondary School Certificate showing his date of birth as 27-01-1996, as per which, he is aged more than 22 years.

As respondent No.4 has attained the marriageable age and the alleged detenue has also crossed 18 years of age, the petitioner is not entitled to seek the latter's custody against her will. Therefore, the Writ Petition is dismissed, however, without prejudice to the right of the petitioner to avail

CVNR, J & PKR, J WP.No.35946 of 2018 Dt: 01-11-2018 appropriate legal remedy, if she thinks that the marriage between the alleged detenue and respondent No.4 is not legal. Respondent No.4 is directed to hand over the custody of the alleged detenue at Swadaar Home, Mahilapranganam, Guntur, upon which she shall be left free by the said Home after observing the required legal formalities.

______________________ (C.V.Nagarjuna Reddy, J) ________________ (P.Keshava Rao, J) Dt: 1st November, 2018 lur