IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.16344 of 2009 Between: Gollapalli Anand Rao. … Petitioner And 1. The Superintendent of Police, Kadapa District, Kadapa. 2. the Station House Officer, Badvel Rural Police Station, Badvel, Kadapa District. 3. Nagipogu Chinnaiah, S/o.Santaiah, age 48 year, Coolie, Harijanawada, Balayapalli, Badvel Mandal, Kadapa District. … Respondents The Court made the following: HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.16344 OF 2009 ORAL ORDER: - (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 and 2. 2. This writ petition is filed seeking a direction to the respondents to produce one Chinna Obulamma @ Aruna, W/o.Gollapalli Guravaiah, who is in illegal custody of the 3rd respondent before this Court and set her at liberty forthwith. 3. The case of the petitioner is that his son, namely G.Guravaiah and one Chinna Obulamma, the alleged detenue, married each other on their own volition. Subsequently, the alleged detenue was forcibly taken away by her parents and kept her in their illegal custody. Hence, the present writ petition. 4. Upon the directions of this Court, the alleged detenue is produced before this Court today i.e., 15.09.2009, and when questioned by us, the alleged detenue stated that she has been living with her parents on her own volition and asserted that there was absolutely no coercion or pressure from anybody to be in the association of her parents. She further stated that she did not marry the son of the petitioner. 5. Furthermore, for appearance the alleged detenue seems to be a minor. But, in order to prove that she is a major, the learned counsel appearing for the petitioner relies on the age of the alleged detenue mentioned in the ration card. However, we are not prepared to place any reliance on such entries made in the ration card, particularly regarding the age. No other material is placed by either side in order to prove that the alleged detenue is a major. 6. Notwithstanding the above, the girl herself stated before us that she was not married to the son of the petitioner and she wants to live with her parents. Furthermore, it is on record that the alleged detenue was traced and produced before the Tahsildar, Badvel, being Mandal Executive Magistrate, who recorded her statement and the same was made part of the record. Upon such statement being recorded, the Mandal Executive Magistrate had handed over the custody of the alleged detenue to her parents. In view of the said fact, we cannot hold that the girl was forcibly taken away by her parents. 7. Yet another aspect to be noticed is that a case in Crime No.153 of 2009 was also registered against the son of the petitioner for the offence under Section 366 of the Indian Penal Code. Therefore, the son of the petitioner himself is accused in a criminal case and in such circumstances, the contention of the petitioner cannot be accepted. If really the alleged detenue is a major, she is at liberty to lead her life with the person whomsoever she likes. Absolutely there is no proof whatsoever before this Court, as to whether the alleged detenue is a major or not. In such circumstances, we have no other option except to give the custody of the alleged detenue to her parents as was already done by the Mandal Executive Magistrate, Badvel. 8. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed with costs. 9. Accordingly, the writ petition is dismissed with costs of Rs.2,000/- (Rupees two thousand only) to be paid to Chinna Obulamma @ Aruna, D/o.Nagipogu Chinnaiah, Harijanawada, Balayapalli, Badvel Mandal, Kadapa Distinct, within four weeks from the date of receipt of a copy of this order. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 15.09.2009. Lmv