Teegireddi Durga Prasad, Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

Teegireddi Durga Prasad, Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Writ petition dismissed; the corpus is free to live along with her parents as per her wish; the petitioner is at liberty to pursue his matrimonial rights in the appropriate forum; the petitioner is directed to immediately hand over the corpus's tenth class and intermediate certificates to the Station House Officer, Razole Police Station, within one week, for onward delivery to the corpus (Udaya Sirisha); no order as to costs; pending interlocutory applications, if any, stand closed.

Issue for consideration

Whether the writ petition for habeas corpus is maintainable — i.e., whether the corpus (Udaya Sirisha), an adult wife, was in the illegal custody/confinement of unofficial respondent No. 4 so as to compel her production and liberation.

Court's answer

The corpus is a major (aged about 27 years, date of birth 22.03.1999) and therefore is at liberty to take the decision as to with whom she intends to stay and live.

Ratio / Principle

On interaction with the corpus in open Court, it was found she had consciously and voluntarily decided not to join the petitioner and to stay with her parents, with no pressure or compulsion from anyone including her parents, notwithstanding the Court's caution and assurance of protection.

Key takeaways

Since no compulsion was found and the corpus was not found to be illegally confined or detained by the fourth respondent as alleged, this writ petition for habeas corpus is not maintainable and is dismissed.ratio¶43

Detailed headnote1 paragraphs

Habeas corpus under Article 226 — husband-petitioner alleged his wife (Udaya Sirisha, DOB 22.03.1999, aged about 27, a major) was detained by her father, the fourth respondent, and sought her production and liberation. Marriage solemnised at Arya Samaj, Hyderabad on 16.12.2023 and registered at Rajanagaram, East Godavari District on 29.12.2023. On production by the Station House Officer, Razole Police Station, the corpus admitted the marriage but told the Court in open Court, expressly without any pressure or compulsion, that she would not join the petitioner and would stay with her parents. Held: as she is a major, she is at liberty to take the decision as to with whom she intends to stay and live; no illegal confinement or detention by the fourth respondent having been found, the habeas corpus writ petition is not maintainable. Petition dismissed; corpus declared free to live with her parents; petitioner left at liberty to pursue his matrimonial rights before the appropriate forum; petitioner directed to hand over the corpus's tenth class and intermediate certificates to the SHO within one week for delivery to her; no costs; pending IAs closed.

APHC010142632026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3558]

MONDAY, THE SIXTH DAY OF APRIL TW O THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 7640/2026

Between:

TEEGIREDDI DUR G A PRASAD,, S/O. VENKATESWA R A RAO, AGED ABOUT 28 YEAR S , R/O. AR MANZIL, 1-98/61/A, NAVABHARAT NAGAR, GU T TALA BEGUMPET, PEDDAM M A NAGAR, BORABANDA, HY D ERABAD, TELANGANA STATE-50 0 114.

...PETITIONER

AND

THE STATE OF A NDHRA PRADESH, THROUGH T H E PRINCIPAL SECRETARY, DE P ARTMENT OF HOME AFFAIRS, A N D FISHERIES, SECRETARIAT, V E LAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238.

THE SUPERINT E NDENT OF POLICE, DR. B.R . AMBEDKAR KONASEEMA DIS T RICT, AMALAPURAM-533201.

THE STATION H OUSE OFFICER, RAZOLE POLI C E STATION, RAZOLE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533242.

VELUGOTLA SRI N IVAS, S/O.NOT KNOWN TO THE PETITIONER, AGED MAJOR, R/ O . D.NO.7-153, SIVAKODU PALEM, RAZOLE, DR. B.R. AMBEDKAR K ONASEEMA DISTRICT-533242.

...RESPONDENT(S):

Petition under Artic l e 226 of the Constitution of India pr a ying that in the circumstances stated in the affidavit filed therewith, the Hig h Court may be

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pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of HABEAS CORPUS to produce Smt. Udaya Sirisha, W/o T. Durga Prasad bearing Aadhaar No.7817 7221 3340 from the illegal custody of the 4th Respondent before this Hon’ble Court and to hand over to the Petitioner, in the interest of justice, and to pass such

Counsel for the Petitioner:

1.SAI GANGADHAR CHAMARTY

Counsel for the Respondent(S):

1.THE ADVOCATE GENERAL

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The Court made the following:

ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

Heard Mr. Sai Gangadhar Chamarty, learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for official respondent Nos.1 to 3. Ms. Nimmagadda Revathi, learned counsel submits that she has filed vakalat for unofficial respondent No.4 in the Registry today with USR.No.40050 of 2026. Registry is directed to print the name of Ms. Nimmagadda Revathi, learned counsel for respondent No.4. Heard Ms. Nimmagadda Revathi, learned counsel for respondent No.4.

This writ petition under Article 226 of Constitution of India, for Habeas Corpus, is filed seeking direction to the 4^th respondent to produce the corpus before the Court, who is alleged to have been in illegal custody of the 4^th respondent and then to set her at liberty.

When the matter came up for admission on 23.03.2026, learned Assistant Government Pleader took notice for official respondent Nos.1 to 3 and requested time to seek instructions. While issuing notice to unofficial respondent No.4 and directing the 3^rd respondent-Station House Officer of Razole Police Station to produce the corpus by name Udaya Sirisha before the Court today, the matter is ordered to be listed today.

Today the corpus is produced before the Court by the 3^rd respondentStation House Officer of Razole Police Station.

According to the case pleaded by the petitioner, he and the corpus are in love with each other and both of them got married on 16.12.2023, as per Hindu Rites and Customs at Arya Samaj, Hyderabad of Telangana State. After solemnisation of the said marriage, their marriage was also registered in the Registrar Office of Rajanagaram of East Godavari District, on 29.12.2023 and a marriage certificate to that effect was also issued to them. Thereafter,

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they lived together in Hyderabad till January, 2024. While so, the corpus has left for her parents house to attend the Sankranthi festival, 2024 and thereafter, she was not permitted by the 4^th respondent, who is her father, to join the petitioner. When the petitioner enquired, he was informed that their marriage was not accepted by the parents of the corpus and she was illegally detained in their residence by her parents. After coming to know about the same that he visited the house of the 4^th respondent and tried to convince the parents of the corpus and all his efforts proved futile.

As the petitioner has been residing in Hyderabad in pursuance of his employment, as he is working in TENON as Technical Engineer, he has sent Whatsapp messages through mobile phone to the corpus and she replied asking him to wait till the consent of her parents is given. But, till now she did not join him. Thereafter, from 28.02.2026, the petitioner did not receive any phone calls or messages from the corpus. So he has suspected that the corpus has been illegally detained and he approached the 3^rd respondentStation House Officer of Razole Police Station, to secure the custody of the corpus, who is his wife. The Assistant Inspector of Police and one lady constable visited the house of the 4^th respondent and came back and informed that the corpus is not willing to talk to the petitioner. Therefore, alleging that the corpus has been illegally confined and detained by the 4^th respondent, who is her father, the instant writ petition for Habeas Corpus has been filed, seeking the aforesaid direction.

Today, when the corpus is produced before the Court, pursuant to our direction given earlier, we have interacted with the corpus in the open Court. She admitted that she married the petitioner and their marriage was solemnized on 16.12.2023 in Arya Samaj of Hyderabad. She stated that after the marriage that she went to her parents’ house on 09.01.2024 due to some health issues and since then she has been residing with her parents at their residence. To a pointed question, whether she is now willing to join the

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petitioner, as admittedly she married him, she refused to join the company of the petitioner. She has expressed her willingness to stay with her parents at their residence. When questioned as to what is the reason for not joining the company of the petitioner, she has stated that she subsequently came to know that he had a love affair with two other girls earlier and as such, she is now not willing to join his company and lead marital life with him. When the Court has cautioned her to take a proper decision, as she has admittedly married the petitioner, it may have an adverse impact on her future life, she has stated that she is aware of the consequences and she has consciously taken a decision not to join the company of the petitioner and to stay with her parents. When questioned whether there is any pressure or compulsion on her to give any such statement before the Court, she has categorically stated that there is no pressure or compulsion on her from any one or from her parents and that she has taken the said decision voluntarily with her free will. In spite of the assurance given by the Court that adequate protection will be provided to her if she intends to join the company of the petitioner and live with him and if there is any pressure or compulsion on her not to join him, she has clearly and categorically stated that there is no such pressure or compulsion on her and she has taken the said decision voluntarily as per her will and wish.

The corpus is a major, aged about 27 years at present as her date of birth is 22.03.1999. Therefore, as she is a major, she is at liberty to take decision as to with whom she intends to stay and live. As it is not found that there is any compulsion on her to stay away with the petitioner and as it is not found that she has been illegally confined or detained by the 4^th respondent, as alleged by the petitioner, this writ petition for Habeas Corpus is not maintainable.

Therefore, this Writ Petition is dismissed. The corpus is free to live along with her parents, as per her wish. However, if the petitioner intends to

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pursue his matrimonial rights, he is at liberty to pursue his matrimonial rights in the appropriate forum.

The corpus has stated that her original certificates of the tenth class and intermediate are with the petitioner. Therefore, the petitioner is directed to immediately hand over the tenth class and intermediate certificates of the corpus to the 3^rd respondent-Station House Officer of Razole Police Station within one week from date of this order and he in turn shall hand over the same to the corpus by name Udaya Sirisha. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

_____________________________ JUSTICE TUHIN KUMAR GEDELA

Date: 06.04.2026 MDP