Petitioner filed a writ of habeas corpus seeking production of his wife, allegedly detained by her parents despite a love marriage. The detenu stated she lived with parents voluntarily. Holding that a major adult has liberty to choose her residence, the Court dismissed the petition.
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THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.25880 of 2009
Date: 04.12.2009
Between :
Vasana Srinivasa Rao
… Petitioner
And
Yerramsetti Nagu Babu, S/o. Yerramsetti Sri Ram Murthy, R/o. 1-19-4, Sree Ram Nagar, Near Old Post Office, Kakinada, East Godavari and others.
… Respondents
THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.25880 of 2009
ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma)
Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent No.4.
2. This Writ of Habeas Corpus is filed by the petitioner seeking to produce his wife viz., Anantha Lakshmi @ Asha, who was illegally detained by respondent Nos.1 to 3, before this Court and set her at
liberty.
3. It is the grievance of the petitioner that he married the alleged detenu, namely Anantha Lakshmi @ Asha on 24.1.2008 at Chittaram Temple, Janatha Nagar, Moosapet, Ranga Reddy District and their marriage was a love marriage, which is not to the liking of the parents of the alleged detenu. While so, the parents of the alleged detenu took her stating that they will send her back after delivery. Thereafter, they did not send her back and detained the alleged detenu against her wishes. Hence the present writ petition seeking production of the alleged detenu before this Court.
4. Pursuant to the directions of this Court, the police traced the alleged detenu and produced her before this Court today.
5. Upon being questioned in the open Court, the alleged detenu, namely Anantha Lakshmi @ Asha, stated that she has been living with her parents on her own volition and there is absolutely no pressure on her by her parents.
6. Admittedly, the alleged detenu is a major. We are of the view that being a major, she has every liberty to live wherever she wants as per her will and wish and this Court cannot compel her to go along with her parents or with her husband and live at a particular place.
7. In view of the said facts, we do not find any reason to continue the writ petition any further and the same is liable to be dismissed.
8. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs.
_______________________ JUSTICE D.S.R.VARMA
_________________________ JUSTICE R.KANTHA RAO 04.12.2009 Msr
THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO
WRIT PETITION No.25880 of 2009
04.12.2009 (Msr)
2 issues framed by the court
Whether an adult woman can claim relief under a writ of habeas corpus against an arrangement to live with her parents against her will.
Whether the Court can compel a major female to live with her husband or parents.
1 provisions across 1 enactments
Vasana Srinivasa Rao
Yerramsetti Nagu Babu
Justice D.S. R. Varma
Justice R. Kantha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
