Allowed

Shaik Hafeez v. The State of Telangana

Telangana HC5 Mar 2020WP/528/2020

Case brief

AI extract

What is this about?

This High Court effectively allowed a writ petition and directed police officials to escort an adult detained woman and her husband to their matrimonial home. The court emphasized ensuring their physical safety due to intercommunity marriage and parental threats.

What did the court decide?

Directed police to escort detainee and petitioner home and ensure their safety; disqualified any threats from parents.

Shaik Hafeez Vs The State of Telangana — Matrimonial and Divorce | Telangana HC (2020)

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High Court for the State of Telangana

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The Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan

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and

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The Hon’ble Sri Justice A. Abhishek Reddy

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W.P. No. 528 of 2020

Date: 05-03-2020

Between:

Shaik Hafeez

…Petitioner

And

The State of Telangana Rep. by its Principal Secretary Home Department, Secretariat, Hyderabad and 6 others

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…Respondents Counsel for the petitioner: Mr. Gopinath Lakkineni Counsel for respondent Nos.1 to 6: Mr. Sripathi Santosh Kumar, GP attached to the office of the AG

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The Court made the following:

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HCJ & AAR, J W.P. No. 528 of 2020 Dt: 05-03-2020

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Order: (per Hon’ble The Chief Justice Sri Raghvendra Singh Chauhan)

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The Karnataka Police has produced the detenue, namely Smt. Shaik Samreen @ Shilpa Shaik, from Mudhol, Bagalkot District.

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This Court has spoken both to the petitioner, and to the detenue. The detenue informs this Court that since she has a daughter, she would prefer to go back to the petitioner, and to live with him and his family. However, her apprehension is that her parents may take some steps against her husband, the petitioner, as well as against her.

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The petitioner informs this Court that he would have no difficulty in looking after the welfare of the detenue. According to him, it will be better if they were to live happily as husband and wife for the sake of the child. According to him, he has already taken a separate accommodation where he is willing to look after the welfare of his wife, the detenue .

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Considering the fact that the detenue happens to be a major, considering the fact that she wants to rejoin the petitioner in their matrimonial home, this Court directs the respondent No. 2, the Superintendent of Police, Bhadradri, Kothagudem District camp at Kothagudem Town, and the respondent No. 5, the

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HCJ & AAR, J W.P. No. 528 of 2020 Dt: 05-03-2020

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Station House Officer, Palvancha Town Police Station, Bhadradri Kothagudem District, to escort the detenue and the petitioner back to their home. Both the respondent Nos. 2 and 5 are further directed to ensure that neither the petitioner, nor the detenue, should be threatened by her parents. In case, they were to receive any information from the petitioner, or the detenue that they are being so threatened by the detenue’s parents, the respondent No. 2, the Superintendent of Police, Bhadradri, Kothagudem District camp at Kothagudem Town, is directed to take immediate action against the detenue’s parents. Since it is a case of intercommunity marriage, the respondent Nos. 2 and 5 are directed to be extra cautious, and to be sensitive to the physical safety of the petitioner and the detenue .

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With these directions, the writ petition stands allowed.

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As a sequel, miscellaneous petitions, pending if any, stand dismissed as infructuous.

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______________________________ (Raghvendra Singh Chauhan, CJ)

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____________________ (A. Abhishek Reddy, J)

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Dt: 05-03-2020

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Note: CC today B/o lur

Shaik Hafeez v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Shaik Hafeez v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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