THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO DATED: 07-06-2011 WRIT PETITION No. 14372 OF 2011 Between: Kavali Subba Rao and another ..... PETITIONERS AND State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad and 13 othersthe Superintendent of Police, Karimnagar District at K .....RESPONDENTS THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 14372 OF 2011 ORDER: (Per the Hon’ble Sri Justice Raja Elango) The petitioners invoked the jurisdiction of this Court for production of the 1st petitioner’s daughter alleged to be under illegal detention of the unofficial respondents. On issuance of notice, the 4th respondent filed a counter in which it is stated that as stated in the writ affidavit no complaint is lodged by the petitioners in connection with the missing of the girl aged about 18 years. The respondent – police visited the house of the in-laws of the alleged detenue and recorded the statement of the alleged detenue wherein she stated that she is not illegally detained. In the counter it is stated as follows: “3. At the outset, it is submitted that the Petitioner did not approach Amalapuram Police Station either on the alleged date or any other subsequent date and lodge any complaint with regard to the alleged wrongful confinement of the alleged detenu by unofficial respondents herein. 4 …..wherein she stated that she is the daughter of Kavali Subba Rao, R/o Yelwswaram village and Mandal, E.G. district. She fell in love with one Udaya Babu, who is her neighbour, since 4 years. She also stated that they both belongs to same caste elders of both sides are well aware of their love affair. The alleged detenu further stated that she tried to convince her parents to get her married to Udaya Babu, who is 5th respondent herein, but her parents have refused for the said proposal and they were searching for another alliance to her. As such, the alleged detenu and the 5th respondent decided to get their marriage performed without the knowledge of her parents. On 22.4.2011 the alleged detenu left her parents’ house along with Udaya Babu and both of them went to Visakhapatnam and got their marriage performed at Simhachalam temple as per Hindu rites and customs. After their marriage, they came back to their in-laws’ house and her in-laws accepted their marriage and gave a reception party on 4.5.2011 to their relatives and friends. The alleged detenu also stated that her date of birth is 18.1.1993 and she is major and she is aged 18 years and married the 5th respondent with her will and consent. However, her parents did not attend the reception. She also stated that she is living happily with her husband and her in-laws are looking her well and she wants to stay with them. A copy of the statement of the alleged detenu is filed herein for the kind perusal of this Hon’ble Court.” It clearly reveals that the alleged detenue on her own volition went along with Udaya Babu with whom she was in love for the last four years and married as per Hindu rites and customs and subsequently a marriage reception was also arranged by the in-laws of the alleged detenue, whereas her parents have not attended the said reception. Considering the averments made in the counter filed by the 4th respondent, this Court is of the view that the alleged detenue is not in illegal detention and further more, she is a major even as per the affidavit filed by the petitioners herein. Learned counsel for the petitioners submitted that the 1st petitioner want to see his daughter whereas the unofficial respondents are preventing them from seeing her. The facts stated above does not necessitate to issue an order of habeas corpus. In any event if the petitioners choose to visit the place of the unofficial respondents to meet the daughter of the 1st petitioner, they are at liberty to do so and they can also seek the help of the respondent – police in this regard. With the above observation, the writ petition is disposed of. A.GOPAL REDDY, J RAJA ELANGO, J 07-06-2011 ks