Aarla Gangaiah v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.37259 of 2018 Date: 25.10.2018 Between:

Aarla Gangaiah ..Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Velagapudi, Amaravathi Secretariat, Guntur & Others ..Respondents Counsel for the petitioner: Mr.O.Kailashnath Reddy Counsel for respondent Nos.1 to 3: Assistant Government Pleader attached to Advocate General (A.P.) Counsel for respondent No.4: -- The Court made the following:

ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This writ petition is filed for issue of Habeas Corpus directing respondent Nos.2 to 4 to produce the petitioner's daughter - Kum.Leelavathi (for short, 'the alleged detenue') before the Court and set her at liberty.

2.

In pursuance of the direction issued by this Court, the Police of respondent No.2 produced the alleged detenue before the Court. Respondent No.4 is also present in the Court. The alleged detenue and respondent No.4 informed that they are first cousins and that as they loved each other, they married against the consent of the parents of the alleged detenue. Though the petitioner has alleged that the age of respondent No.4 is 19 years, the latter has produced original Aadhar Card showing his date of birth as 05.02.1996 as per which his age is above 22 years.

3.

In the light of the above, we are of the opinion that respondent No.4 has attained the marriageable age and that he married the alleged detenue with her free consent. As both of them are living together happily, the petitioner is not entitled to the relief claimed in this writ petition.

4.

The writ petition is accordingly dismissed.

__________________________ C.V.NAGARJUNA REDDY, J ________________________ T.AMARNATH GOUD, J 25th October, 2018 TJMR