Allowed

Swapna Dhuduka v. The State of Telangana and 5 others

Telangana HC2 Mar 2020WP/4018/2020

Case brief

AI extract

What is this about?

The Court allowed the petitioner's writ petition for return of her minor children detained by her brothers. The Court quashed illegal detention, ordered custody restoration, and directed police protection during handover to prevent violence.

What did the court decide?

Custody of both children handed to petitioner; respondent Nos.5 and 6 directed to handover custody; Station House Officer directed to provide protection to petitioner and children.

Swapna Dhuduka Vs The State of Telangana… — Child Custody and Guardianship | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA

¶2

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND

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THE HON’BLE SRI JUSTICE A. ABHISHEK REDDY

¶4

WRIT PETITION No.4018 of 2020

Date: 02.03.2020

Between:

Swapna Dhuduka

… Petitioner
and
The State of Telangana,
Rep. by its Principal Secretary,
Home Department,
Hyderabad, and others.
…Respondents
Counsel for the petitioner : Mr. Omar A Pasha
Counsel for the respondent Nos.1 to 4: Mr. Santosh Kumar,
GP attached to the Office of
the learned Advocate General

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The Court made the following:

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HCJ & AAR, J W.P. No.4018 of 2020 Dt:02.03.2020

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ORDER: (per the Hon’ble the Chief Justice Sri Raghvendra Singh Chauhan)

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Ms. Swapna Dhuduka, the petitioner, has filed this Habeas Corpus Petition inter alia on the ground that her two children, the son, Dhruvi, aged seven years, and the daughter, Pranavi, aged five years, are being illegally detained by her brothers, namely Mr. Machagiri, the respondent No.5, and Mr. Gopalakrishna, the respondent No.6.

¶14

The learned counsel for the petitioner submits that since the petitioner happens to be the biological mother of both the children, she is their natural guardian. Therefore, her brothers cannot keep the custody of the children with them. Hence, the custody of the children with the respondent Nos.5 and 6 happens to be an illegal one. Thus, the custody of the children needs to be restored to the petitioner immediately.

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In compliance of the order dated 26.02.2020, both the children have been produced before this Court by the respondent Nos.5 and 6.

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Needless to say that the petitioner would have the right to custody of her two children. Therefore, the respondent Nos.5 and 6 are not justified in keeping the children in their custody. Hence, the Station House Officer, Neredmet Police Station, the respondent No.2, and the respondent Nos.5 and 6 are directed to handover the custody of both the children to the petitioner immediately.

¶17

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HCJ & AAR, J W.P. No.4018 of 2020 Dt:02.03.2020

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Since the respondent Nos.5 and 6 have an objection to the petitioner having the custody of the children, as they

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happen to be her children through her first marriage, the Station House Officer, Neredmet Police Station, is directed to provide protection to the petitioner, and to ensure that no untoward incident happens to the petitioner or to her children from the respondent Nos.5 and 6.

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With these directions, the writ petition stands disposed

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of. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, pending if any,

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shall stand closed.

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________________________________________
(RAGHVENDRA SINGH CHAUHAN, CJ)
_____________________________
(A. ABHISHEK REDDY, J)
Date: 02.03.2020
va

Swapna Dhuduka v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

Swapna Dhuduka v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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