Disposed

K. Kavitha v. The state of Telangana

Telangana HC3 Sept 2025WP/26171/2025

Case brief

AI extract

What is this about?

Wife sought a direction to police to add other witnesses as accused in a pending bigamy/child-marriage case. The State stated she was free to lead evidence before the trial court. The High Court, without expressing any opinion on merits, disposed of the writ petition granting liberty to pursue remedies before the trial court.

What did the court decide?

Liberty granted to the petitioner to pursue the matter and adduce evidence before the trial court; miscellaneous applications closed; no costs.

K. Kavitha Vs The state of Telangana — Matrimonial and Divorce | Telangana HC (2025)

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I^325s l

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HIGH COURT FOR THE STATE OF TELANGANA AT - -' HYDERABAD (Special Original Jurisdictioni

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WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENIY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO:26171 oF 2025

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Between:

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416 K. Kavitha, W/oBDL Town Ravindet, age_d about 40 years, Occ. House wife, RIo H_No. Distrcit. ship, BDL Bhanoor, pdtancrreiu^-vjri"i li' SjXJrr"oov

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AND

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...PETITIONER

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1 5$rili5",%']iprlY"'3?;,Xepresented^{bv its Principar secretary} Home

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2 The Superintendent of police, Medak District.

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3 Station House Officer, Medak Town police Station fMedak.

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4 [,1Yl,trT?33'J:,ff ,:Tfl :1hfi fl ,fiXf 5:il,X'"J3il3agB!.[,lvateEmp'oyee

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5 RTi:il3:, i.%:'B;Hifi,lf,l',lnii'.r1'"".X,:B:H!i,.r"J,i,ill;,;t8[^House wire,

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...RESPONDENTS

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Petition under.Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or Direction more particurarry one in nature of writ of Mandamus decraring the action of the Respondent No-2-3 not producing and adding other witnesses in the said charge sheet in cc No.286 of 2018 wn]cn is pending before Hon'bre Judiciar Magistrate of First crass at Medak is against to the Articre 14 and 21 0f the constitution, and principres of Naturar Justice and also direct the Respondent No.2-3 to add other witness as accused and produce them before triar court for reading their evidence in respect of above cc 2g6 of 2o18 by considering evidences submitted by the petitioner as per compraint of Petitioner.

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lA NO: 1 OF 2025

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Petition under section 151 cPC praying that in the )ircumstances stated in the affidavit filed in support of the petition, the High co r t may be pleased to direct the 3rd Respondent to collect evidences from pe1i1 oner and add other witness as one of the accused in the above cc No.286 of :l )1g which is pending before Judicial First class magistrate at r,4edak, pending risposal of the main Writ Petition.

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Counsel for the Petitioner: SRI p.ACHUT RAMA SHASTRY

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Counsel for the Respondent No.1 to 3: SRI M.SRINIVAS, AC p FOR HOME The Court made the following: ORDER

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THE HONOURABLE^SRI IUSTICE^{N.V.SHRAVANKUMAR} WRIT PETITION NO^{.26777ot 2025}

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ORDER:

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Heard learned counsel for^{the petitioner and Sri'M'Srinivas, learned} Assistant Government^{Pleaderfor Home appearingfor respondent Nos lto 3'} With their consent, this writ^{petition is being takenuP for disposalat the} admission stage itself.

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This writ petition^{has been filed seeking the following} Prayer:-

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" to declare the actiott of the Respondent No.2-3^{ttot producittgttnd} atlding other Witnesses in^{the said charge sheet in CC No 286of 2078} whicli is pcnding^{bet'orcHon'ble} ludicial^{Magistrote of FirstClassat} medak, is againit to the^{Article 74 and 27 of tlrc constittLtion and} Principles ol Natural lustice^{and also direct tlte Rcspottdctrt No'2-i to} attd oiher toitness^{as accusedand producethembet'oretrial court} for leading their euidence in^{respect of abozte CC 286 of 2018 by} consiiering eaidences^{submittedby the Petitioneras perconplaittt of} Petitioner."

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3- Brief facts stated in this writ^{petition are that petitionermarriage was} s<rlemnized to respondent^{No.4 on 74 04.20Mandthereafter, theyrvere} blessed with one daughter.^{It is further statedthat petitioner'shusband} without giving divorce to^{petitioner,illegally married to a minor i e} ' respondent No.5, hence^{the petitioner on18 08'2017, lodged a complaint} before respondent^{Nos.4 and 5. Thereafter,respondcnt authoritiesregistercd} Crime No.141 of^{2017 under Section494 of IPC, Section 10 CMRAAct and} filed a case in WPS,^{Sangareddy, aide Cttne No 12 of 2017underSection} 49g(A),4g4 of IPC. Further^{case of the petitioneris that whilcshe has somc} more evidence and^{witness, she approached the respondent authoritiesand} requested them to add^{the same in the charge shect, however, respondcnt}

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'-1

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authorities refused to add the same. ASSrieved^{by the san't this writ} Petition is filed

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Learned Assistant Government Pleader for^{Hor,e appearingfor} respondent Nos.1 to 3 ptaced on^record instructions^{issuecby Sub-lnspector} of Police, Medak Town Police Station, Medak^{District,r,'tereinit is stated} Smt.N Swaroopa, CDI'}O, ICDS^{ProjectDirector, Medak,s rbmitted a rePort} dated 18.08.2017, to the respondent^{No.3 and} stated^{11 at on 1,7 -08.2017,} petitioner lodged a complaint before^{her, wherein it was ;tated petitioner's} husband married to a minor girl and^{requested to take ,ction againstthe} petitioner's husbancl. Upon such complaint,^{Crime No.1t1 of 2017 dated} 78.08.2017 under Sectiotr 498(A),494^{of IPC, Section10 of I\ rhibitionof Child} Marriage Act, 2006 n'as registered against the Petitioner'i^{husbandand the} during the course of investigation, six^{witness were e). mined and there} detailed statements we're recorded.^{Later,the investigatin} ;^{officerobtained} the bonafied certificate from the head Master^{of ZPHS,A1 adurgand it was} revealed that at thc time of marriage with^the Petitiorr^{r's husband,the} respondent No.l n'ars of 17 years and 5^{months.5.rbsequcntly,the} investigating officer issued notice under^{Section 4-l'.' Cr,P.C to the} petitioner's husband. It is further stated that^{after complet < n of investigation} charge sheet aide C.C.No.286 of²⁰⁷⁸ was^{filed before the lt'a'ned} Judicial^First Class Magistrate at Medak (herein #ter referred^{as'Trial ( < urt')and the next} date of hearing is on 03.09.2025.

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)

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Learned Assistant Government pleader further submits that if the

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petitioner intends to produce evidence or add other witness, she is at libertv to adduce evidence before the Trial Court.

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Recording the submissions made by learned counsel appearing on either

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side, without expressing any opinion on the merits of the case and since the the charge sheet oide C.C.No.286 of 2019 is filed before the Trial Court, this Court deems it appropriate to dispose of the writ petition granting liberty to petitioner to pursue the matter before the Trial Court.

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Accordingly, this writ petition is disposed of. Miscellaneous

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applications, if any pending, shall stand closed. No order as to costs.

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SD/. U. SUDHA ASSISTANT^R'€ISTRAR /ffRUE COPY// sEcnofoFFtcER

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To, '1 . The PrinciPal Secretary, Home Department,^{TelanganaState' State of} Telangana.

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2 The Superintendent^{of Police, Medak District'} J The Station^{House Officer, Medak Town Police Station' Medak'}

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4 One CC to^{SRI P.ACHUT RAMA SHASTRY' Advocate IOPUCI}

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4 Two CCs to^{GP FOR HOME, High Court for the Stateof Telangana at} Hyderabad [OUT]

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t) Two CD CoPies

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BSR at ,^ - PVL Yrr

HIGH COURT

DATED: 0310912025

ORDER

WP.No.26171 of 2025

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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K. Kavitha v. The state of Telangana

Case brief

What is this about?

What did the court decide?

K. Kavitha v. The state of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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