A writ petition filed for habeas corpus regarding a female detenu was dismissed as she, a major, expressed unwillingness to live with the petitioner and chose to stay with her parents voluntarily.
Petitioner granted liberty to avail legal remedies under matrimonial laws.
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.
THE HON’ BLE SRI JUSTICE C. V. NAGARJUNA REDDY
AND THE HON’ BLE SRI JUSTICE GUDISEVA SHYAM PRASAD
WRIT PETITION No. 3523 of 2018
Date: 06 th February, 2018
Between:
Shaik Imran
… Petitioner
And
The State of Telangana and 7 others
… Respondents
COUNSEL FOR PETITIONER : Syed Irfan Ahmed
COUNSEL FOR RESPONDENTS : A.G.P. attached to the
Office of the Advocate
General (TS)
THE COURT MADE THE FOLLOWING:
wp_3523_2018 CVNR, J & GSP, J
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ORDER : (per Hon’ble Sri Justice C.V. Nagarjuna Reddy)
This Writ Petition is filed for issue of Habeas Corpus, directing the police officials to produce Sobia Zainab (for short, ‘the alleged detenu’), aged about 20 years, whom the petitioner allegedly married, from the custody of respondent No.7.
to the petitioner to avail legal remedies under matrimonial laws.
__________________________ C.V. NAGARJUNA REDDY, J
____________________________ GUDISEVA SHYAM PRASAD, J
06th February, 20180 KSM
wp_3523_2018 CVNR, J & GSP, J
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THE HON’ BLE SRI JUSTICE C.V. NAGARJUNA REDDY
AND
THE HON’ BLE SRI JUSTICE GUDISEVA SHYAM PRASAD
WRIT PETITION No. 3523 of 2018
(Order of the Division Bench delivered by Hon’ble Sri Justice C.V. Nagarjuna Reddy)
06th February, 2018
KSM
3 issues framed by the court
Whether a major female detenu can be released on her own accord expressing unwillingness to live with her petitioner husband.
Whether a Writ Petition under Habeas Corpus is maintainable when the detenu is willing to stay with her parents.
What relief is available to the petitioner if the Habeas Corpus petition is dismissed.
Shaik Imran
Sobia Zainab
The State of Telangana and 7 others
C. V. NAGARJUNA REDDY
GUDISEVA SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
