HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION No.4870 OF 2011 ORDER:(per Hon’ble Sri Justice V.Eswaraiah) This Writ Petition is filed by the petitioner seeking a Writ of Habeas Corpus to direct the respondents to produce his daughter, namely, Geni @ Gavini Udaya Sree for admitting her into Army/Military Hospital at Secunderabad for treatment. In the affidavit filed in support of the Writ Petition, it is stated that the petitioner served in the Indian Army as Armourer and retired as Havaldar and that the alleged detenu is his daughter, aged 5 years. It is stated that, on the demise of the petitioner’s first wife, he married a widow by name Chittemma and, out of their wedlock, they were blessed with a child namely Geni @ Gavini Udaya Sree, that his second wife died in the motor accident on 29.03.2010 and that both the legs of the petitioner were fractured and he became handicapped permanently. It is further stated that the petitioner got a plot in Ranga Reddy District and other movable and immovable properties and that respondent Nos.3 and 4 had kidnapped his daughter for money and they are threatening to kill her. The petitioner’s grievance is that as the alleged detenu is suffering from fits and chikun gunya, and apprehending threat to her life, she may be produced before this Court for admitting her into hospital for treatment. In the counter affidavit filed by the Station House Officer, Koyyalagudem Police Station, West Godavari District (second respondent), it is stated that the petitioner did not approach the Koyyalagudem Police Station at any point of time, that the alleged detenu is studying 2nd Class at Siddhartha School, Jangareddygudem and is residing with her maternal uncle (third respondent) and that the petitioner did not lodge any complaint either with regard to threat to his life or his daughter. The alleged detenu is produced before this Court by the police. However, it does not appear that the alleged detenu is suffering from any ailment as stated by the petitioner. The alleged detenu states that she is staying with the third respondent and prosecuting her studies at Jangareddygudem. The fourth respondent herein is the brother of the alleged detenu, who was born to the second wife of the petitioner through her first husband, and the third respondent is the brother of the petitioner’s second wife i.e. the maternal uncle of the alleged detenu. In so far as the allegation that the alleged detenu is in the illegal custody of respondent Nos.3 and 4 is concerned, the alleged detenu stated that the petitioner himself left her and, therefore, she has been residing with the third respondent. In the aforesaid circumstances, we do not find any merit in the Writ Petition and is, accordingly, dismissed. However, it is left open to the petitioner to seek legal custody of the child, namely, Geni @ Gavini Udaya Sree by approaching appropriate forum. No order as to costs. V.ESWARAIAH,J V.SURI APPA RAO,J Date:23.03.2011 usd