Dismissed

T.Sai Kumar v. The State of Andhra Pradesh

Andhra Pradesh HC11 Sept 2020WP/16018/2020

Case brief

AI extract

What is this about?

In a writ petition under Habeas Corpus, the petitioners sought production of their ward, Nallabothula Ruchita, held in illegal custody by her parents against her will after a love marriage. The High Court proceedings found the detenue to be a major adult who explicitly stated her willingness to reside with her parents due to their poor health. The Court dismissed the petition, holding that she has

What did the court decide?

Habeas corpus petition dismissed with liberty to petitioner to pursue legal remedies under relevant statute before proper forum.

T.Sai Kumar Vs The State of… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2020)

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HON'BLE SRI JUSTICE U. DURGA PRASAD RAO AND

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HON’BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.16018 OF 2020

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ORDER : ( per UDPR, J)

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The petitioner filed the instant Habeas Corpus petition seeking a direction to produce the detenue Nallabothula Ruchita into the court.

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The case of the petitioner succinctly is that himself and detenue fell in love with each other and decided to marry. The petitioner belongs to Bestha Caste (BC), whereas the detenue belongs to Yerukala Caste (ST). The respondents 5 and 6 are the parents of the detenue. Though they informed to their parents, they did not accept. Therefore, the petitioner and detenue went to Arya Samaj, Balkampet, Hyderabad and married on 14.08.2020 as per the Hindu rites and obtained marriage certificate issued by the Arya Samaj. Thereafter, they approached the 3^rd respondent, who is the Superintendent of Police, Kurnool District, on 17.08.2020 with a request to provide protection to them. He instructed them to approach the area police station. Accordingly, they approached the 4^th respondent and sought for protection. However, after some turn of events, the parents and other relations of the detenue forcibly took her and separated the couple. Now, she is in illegal custody of her parents.

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Hence, the writ petition.

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On 09.09.2020, this Court directed the 4^th respondent to produce the detenue before the court and he obliged and produced the detenue. On our enquiry, she stated that her name is Nallabothula Ruchita and respondents 5 and 6 are her parents. She further stated that her date of birth is 25.09.2001 and she is now studying third year B.Tech. in Pulla Reddy Engineering College, Kurnool, by staying with her parents. On our further enquiry, she stated that the petitioner is her neighbour and is doing Taxi business. She admitted that both of them fell in love and had marriage in Arya Samaj, Bulkampet, Hyderabad, on 14.08.2020. She further stated that on 16.08.2020, she returned back to her parents. With regard to her age, we verified the copy of the transfer certificate issued by the Head Master, Sri Chaitainya E.M. School, B.Thandrapadu, Kurnool District, copy of which is placed on record by the petitioner. As per the said Transfer Certifiate, her date of birth is 25.09.2001. Thus, it is evident that the detenue is a major now. Considering it, we enquired her whether she is willing to stay with the petitioner or somewhere else. For this query, she answered that the health of her parents is not good and to stand by them, she proposes to stay with them only and she does not want to go and stay with the petitioner. Since the detenue is a major as observed supra, and got the age of discretion she can decide the future course of action which is suitable to her and none including the court can either interdict or regulate her activities unless they are illegal.

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In that view of the matter, while dismissing the writ petition, liberty is given to the petitioner to pursue his legal remedies under relevant statute before proper forum. No costs.

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As a sequel, interlocutory applications, if any pending for consideration, shall stand closed.

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U. DURGA PRASAD RAO, J

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NINALA JAYASURYA, J

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11.09.2020

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T.Sai Kumar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

T.Sai Kumar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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