The petition sought production of the petitioner's wife held in alleged illegal custody. The wife stated she was voluntarily living with her parents. Finding no illegal detention, the writ petition was dismissed.
No order as to costs.
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THE HON'BLE SRI JUSTICE N.V. RAMANA &
THE HON'BLE SRI JUSTICE P. DURGA PRASAD
WRIT PETITION No:691 OF 2012 Dated: 20.01.2012
Between:
And
1. The Government of A.P., rep., by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad and others.
..Respondents.
This Court made the following:
THE HON'BLE SRI JUSTICE N.V. RAMANA & THE HON'BLE SRI JUSTICE P. DURGA PRASAD
WRIT PETITION No:691 OF 2012
ORDER: (Per Hon’ble Sri Justice N.V. Ramana)
This writ petition is filed for production of petitioner’s wife viz., Pravallika, aged about 22 years, who is alleged to be in the illegal custody of respondent No.6 by issuing a writ of Habeas Corpus.
In the affidavit, the petitioner stated that he fell in love with the sai d Pravallika, daughter of 6th respondent and, married her on 14.8.2010 at his residence against the will of her parents. That on 13.11.2011, his wife was taken away from his custody and since then, the whereabouts of his wife are not known to him.
On notice, the 5th respondent filed a counter-affidavit stating that on 17.1.2012 he traced out the alleged detenu in the house of the 6th respondent and recorded her statement.
In the statement enclosed to the counter-affidavit, the alleged detenu stated that the petitioner had taken her to his house and married her against her will and got registered the marriage and he had taken photographs of the marriage and then, sent her to her parents’ house after removing thali and thereafter, he started blackmailing her. That when she came to Hyderabad in March, 2011 after completion of her B.Tech, the petitioner threatened and forced her to come over to Nellore and on that, she attempted to commit suicide in the month of November, 2011 and on 17.11.2012 her friends had taken her to her parents and since then, she has been residing with her parents.
Today, the alleged detenu Smt. Pravallika and her father appeared before us. At the request of the learned Counsel for the petitioner, we examined the alleged detenu in Chambers. She stated that she is voluntarily living with her parents.
In view of the statement of the alleged detenu, this Court is of the view that there is no illegal detention of the alleged detenu and therefore, no orders need be passed in this writ petition.
Accordingly, the writ petition is dismissed. No order as to costs.
__________________ Justice N.V. Ramana
____________________ Justice P. Durga Prasad
Dated: 20.01.2012 Nn
THE HON'BLE SRI JUSTICE N.V. RAMANA &
THE HON'BLE SRI JUSTICE P. DURGA PRASAD
WRIT PETITION No:691 OF 2012
(Judgment delivered by the Hon’ble Sri Justice N.V. Ramana)
Dated: 20.01.2012
2 issues framed by the court
Whether the petitioner's wife was illegally detained by the respondent.
Whether a writ of Habeas Corpus should be issued for her production.
M. Kamalakar
Government of A.P.
Pravallika
N.V. Ramana
P. Durga Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
