IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No. 14362 of 2009 Between: K.Ramu S/o. Kuppuswamy ( Late ) R/o. Flat No. A-3, 2nd Floor, Siva Sai Apartments, Chandragiri Colony, Safilguda, Malkajgiri, Near I.V.R. Towers, Hyderabad - 56 ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad. 2 The Asst. Commissioner of Police Neredmet, Cyberabad. 3 The Station House Officer, P.S., Neredmet, Cyberabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Hebeaus Corpus or any other Writ, or direction to the Respondents to produce petitioners wife Smt. M.Deepa, W/o. K.Ramu in this Hon'ble Court and Counsel for the Petitioner:MR.NAGESHWARA RAO PAPPU Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.14362 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents to produce his wife viz., Smt. M.Deepa before this Court. 3. It is the case of the petitioner that he married the alleged detenu on 13.05.2004 at Yadagirigutta Temple in the presence of parents and elders of both sides and their marriage is a love marriage. It is his grievance that the alleged detenu left the matrimonial home and has been staying somewhere with her friend and that she has not been responding even to his phone calls, nor he is able to get her whereabouts. It is stated that when he contacted her parents, they advised him to lodge a police complaint. Subsequently, it appears that the alleged detenu addressed a letter to Malkajgiri Police making some false allegations against the petitioner, which are not at all true and concocted by somebody. It is the further grievance of the petitioner that he has been doubting the handwriting of the alleged detenu in the said letter and the same might have been written by somebody else, but not by his wife. Therefore, he seeks production of the alleged detenu before this Court. 4. In order to know the truth or otherwise of the averments made in the writ petition, this Court directed the Station House Officers of Malkajgiri and Neredmet Police Stations to be present before this Court along with the alleged detenu. Accordingly, the alleged denenu, namely Mrs. M.Deepa, is present before this Court today. The petitioner is also present before this Court. 5. Upon being questioned by this Court in the open Court, the alleged detenu stated that she married the petitioner and since she does not want to live with him for various reasons, she left his company on her own and has been staying in a Hostel. 6. It further appears that the alleged detenu left her address with the Station House Officer, Neredmet Police Station, Cyberabad, therefore, the police of Neredmet could trace her and cause her production before this Court. 7. Admittedly, the alleged detenu is a major. Though she is married to the petitioner, this Court cannot compel her to lead a matrimonial life with the petitioner, particularly when the alleged detenu is not willing to live with the petitioner. She is at liberty to live wherever she likes according to her will and wish and the manner in which she wants to live. 8. In view of the above, we do not find any reason to grant the relief sought for in the writ petition. If the petitioner has any grievance, it is open for him to approach the appropriate forum and initiate proceedings seeking redressal of his grievance in accordance with law. 9. With the above observations, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 22-07-2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.14362 of 2009 22-07-2009 (Msr)