Habeas corpus petition filed by husband seeking production of wife. Court observed detenue is present, claims she is major living with parents, refuses to continue proceedings, and dismissed the writ petition.
Petitioner's writ petition dismissed; no order as to costs.
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 JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE TWENTY EIGHTH DAY OF FEBRUARY, TWO THOUSAND AND TWELVE
PRESENT
THE HON'BLE SRI JUSTICE N.V.RAMANA AND
THE HON'BLE SRI JUSTICE P.DURGA PRASAD
WRIT PETITION NO. 2193 OF 2012
Between:
Ch.Naga Prasad @ Naga Venkata Durga Prasad
..... Petitioner
AND
The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Home, Secretariat Buildings, Secretariat, Hyderabad and others
..... Respondents
The Court made the following:
ORAL ORDER: (per the Hon’ble Sri Justice N.V. Ramana)
The petitioner, who is said to be husband of the
alleged detenu Ms. Ch.Lakshmi Navya, filed this writ of habeas corpus seeking her production before the court, alleging that she is in the custody of her father, the fourth respondent, as his marriage with the alleged detenu was not to the liking of her parents.
Pursuant to the notice issued by this court, the SubInspector of Police, the third respondent and the father of the alleged detenue, the fourth respondent have filed counters. According to the counters, it is evident that the alleged detenu is very much living with her parents. The alleged detenu, who is present before this court, claims that she is a major and is staying with her parents and that she is not under illegal detention.
In view of her categorical statement, we see no reason to continue the proceedings any further. Consequently, the writ petition is dismissed. No order as to costs.
Justice N.V. Ramana
___________________ Justice P.Durga Prasad
February 28, 2012 MAS.
2 issues framed by the court
Whether the writ petition of habeas corpus should continue given the detenue's statement that she is a major living with her parents.
Whether to dismiss the petition upon the detenue's categorical claim that she is not under illegal detention.
Ch.Naga Prasad
The State of Andhra Pradesh
Principal Secretary, Department of Home
N.V. Ramana
P. Durga Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
