HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27512 of 2008 Date : 21.09.2011 Between : P. Uma Maheswara Rao. …..Petitioner And The Station House Officer, Town Police Station, Amalapuram & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27512 of 2008 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondent No.1 in interfering with the life and liberty of the petitioner by trying to take away his son from his custody, so as to hand over to the 2nd respondent, as illegal. It is stated that the petitioner and 2nd respondent were married on 11.06.1997 and they are having two children by name P.Lalitha Naga Sai Kumar and P.Rohith. It is stated that due to some differences, they are living separately. It is the case of the petitioner that his elder son by name P.Lalitha Naga Sai Kumar is residing with him, but at the instance of the 2nd respondent, the 1st respondent-Station House Officer is trying take away his son from his custody so as to hand over to the 2nd respondent. At the stage of admission, this Court, by order dated 22.12.2008, granted directions to the 1st respondent not to interfere with the life and liberty of the petitioner without following due process of law. Though the writ petition is of 2008, no counter affidavit is filed on behalf of respondents. As it is the case of the petitioner that no complaint is registered against him, if there is any dispute with regard to the custody of the child, it is open for the parties to approach the competent Court, but at the same time, there cannot be any interference by the 1st respondent. In the absence of any counter affidavit, and taking into account the interim order passed by this Court, which is continued during the pendency of the writ petition, I deem it appropriate to dispose of the writ petition directing the 1st respondent not to interfere with the life and liberty of the petitioner. However, it is made clear that in this writ petition, this Court is not expressing any view with regard to the custody of children. It is open for the parties to work out their remedies with regard to the custody of children, before appropriate forum. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 21st September 2011 ajr