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High Court for State of TelanganaWP/30333/2015disposed of no costs

Dr. Vijaya Laxmi B.Rani(Bangaru Rani) v. The Stat Of Telangana

2015-11-18Dilip B. Bhosale,S.V.Bhatt4 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 30333 OF 2015 18-11-2015 Between:

Dr. Vijaya Laxmi B. Rani (Bangaru Rani) ... Petitioner And The State of Telangana, rep., by its Secretary, Home Department, Secretariat Buildings, Saifabad, Hyderabad and others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 30333 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale)

Heard learned Senior Counsel for the parties. This Habeas Corpus writ petition, filed by Dr. Vijaya Laxmi B. Rani, seeks production of her two minor children aged seven and four years. On last occasion, the children were directed to be produced before the Court and they were handed over to the petitioner. Since then, the children are with the petitioner - mother. In view thereof, learned Senior Counsel for the parties have agreed for the following order:

"The children shall remain with the petitioner - mother subject to right of the respondent - husband to approach the Family Court for seeking custody of the children, if he so desires and advised. It is open to the Family Court to pass appropriate order, in the facts and circumstances of the case and welfare of the children, on merits, in accordance with law and uninfluenced by this order. It is open to the respondent - husband and other family members to meet the children whenever they desire, in particular, on Saturdays and Sundays, at the residence of the petitioner."

Learned Senior Counsel, on instructions, from her client who is present in the Court submits that the petitioner would allow the respondent - husband and his other family members to meet the children whenever they desire. She, however, submits that they may be allowed to meet only on Saturdays and Sundays. We hope and trust that the respondent - husband and other family members shall not disturb the children everyday and as far as possible, meet them only on Saturdays and Sundays. This arrangement shall continue till the Family Court pass any order in the petition/interim application that would be filed either by the petitioner or by the respondent-husband for appropriate relief. With these observations, the writ petition is disposed of. Miscellaneous petitions, if any, also stand disposed of. _________________________

DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J 18-11-2015 ks