Petitioner filed a writ for habeas corpus seeking production of her daughter, alleging coerced marriage. The Court relied on the daughter's recorded deposition stating she voluntarily married and dismissed the petition.
The writ petition seeking a writ of habeas corpus is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON’BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON’BLE Mr. JUSTICE NINALA JAYASURYA
WRIT PETITION No.19426 of 2021
(Through Video-Conferencing)
Smt. Tummalapati Niraja, W/o. Vishnu Varaprasad, Aged 51 years, Occ: housewife, R/o.H.No.2-54, Pedallngala, Nandivada, Krishna District ... Petitioner
Versus
The State of Andhra Pradesh, represented by its Chief Secretary, Secretariat Buildings, Amaravati, and others
… Respondents
Counsel for the petitioner : Ms. Kalla Tulasi Durgamba Counsel for respondent Nos.1 to 3 : Mr. Y. N. Vivekananda, G.P.
ORDER
Dt: 06.09.2021
(Arup Kumar Goswami, CJ)
Heard Ms. Kalla Tulasi Durgamba, learned counsel for the petitioner.
Also heard Mr. Y.N. Vivekananda learned Government Pleader attached to the office of the learned Additional Advocate General – II, for respondent Nos.1 to 3.
By this petition, the petitioner prays for a writ of habeas corpus to produce her daughter, namely T. Gayathri Sindhur, aged 24 years.
The petitioner had also lodged a complaint on 19.08.2021, based on which F.I.R.No.277 of 2021 was registered on the file of Gudivada Town Police Station. Averments are made in para 4 of the writ petition that a telephone call was given by one Mr. Meni Rama Rao, respondent No.4 herein, that daughter of the petitioner was getting married with one Athiti Laalithya Sathya Vikram Dev. When approaches were being made to the Police, it was informed to the petitioner that her daughter had already got married. It is pleaded that the petitioner is worried about her daughter’s life and security.
2
Mr. Y.N. Vivekananda has produced before us the statement of the daughter of the petitioner recorded under Section 164 Cr.P.C., by way of a memo dated 06.09.2021. The translated version of the statement of the daughter of the petitioner reads as follows:
“On 18.08.2021, I told that I would go to shop and on that premise I went out. I asked my lover to come and then both of us got married. We have married in Ramalayam Temple situated at Satyavada of Undrajavaram Mandal which is located near Tanuku. Except that, there is no one’s influence or force on us. I went on my own volition and consent. This is what had happened.”
In view of the above statement of the daughter of the petitioner, we find no merit in this writ petition and, accordingly, the same is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J MRR
2 issues framed by the court
Whether the High Court should grant a writ of habeas corpus to produce the petitioner's daughter.
Whether the daughter consented to her own marriage based on her recorded statement.
Smt. Tummalapati Niraja
The State of Andhra Pradesh
Arup Kumar Goswami
Ninala Jayasurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
