THE HON’BLE SRI JUSTICE A.GOPAL REDDY And THE HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.15737 of 2011 ORDER: (per AGR,J) The petitioner seeks issuance of a writ of Habeas Corpus directing the respondents to produce Sana Kauser daughter of the petitioner and the fourth respondent. It is alleged that after the petitioner signed Qula divorce papers under the pressure of the fourth respondent, which was registered with the A.P. State Wakf Board, the fourth respondent is not allowing her to see her daughter. She went to the house of the fourth respondent at Srikalahasti but she could not find her daughter and she learnt that the fourth respondent married again and is residing at Geetika Residency at Musapet, Hyderabad. When she went to the residence of the fourth respondent at Hyderabad she did not find her daughter, whereas the fourth respondent informed that the baby is at Mumbai and therefore, she is afraid of health condition and safety of her baby at the hands of the fourth respondent and his wife. In spite of her hard efforts, she could not meet her daughter and she is apprehending danger to her life. Hence, the writ petition. In the counter affidavit filed by the third respondent it is stated that the fourth respondent got admitted his daughter in St. Michel School, Secunderabad and she is studying II class in the said school. The fourth respondent is doing job at Innovate India, Hyderabad and after obtaining talak he did not re-marry. His younger brother is residing at Kukatpally and he visits their home now and then and his parents are taking care of the needs of the baby. In view of the controversy, the fourth respondent was directed to be present in the Court along with the child today. The child when enquired with told that she is studying in II standard in the St. Michel School, St.No.5, Maredpally, Secunderabad and is residing with her father and grand parents at Flat No.101, Geetika Residency, Moosapet, Hyderbad. Further, the fourth respondent stated that on 17.04.2011, the petitioner met the child. But, whereas the petitioner falsely stated that in spite of her best efforts she could not met her daughter and her whereabouts are not known and that she is apprehending danger to her life. The said statement cannot be appreciated by this Court since the petitioner met the baby. On enquiry with the baby she stated that she do not know her mother and that she is going to the school and happily staying with her father and grand parents. Since the petitioner also know the residential address of the fourth respondent as stated in the writ petition, the present writ petition is filed only to harass the petitioner and also the minor girl. The remedy, if any, for the petitioner is to approach the Family Court for visitation rights or custody of the child. Jurisdiction of habeas corpus cannot be invoked to get visitation rights of the child or for custody of the child when the child is not in illegal custody. The writ petition is accordingly dismissed granting liberty to the petitioner to avail the remedies available to her under the law. A.GOPAL REDDY,J RAJA ELANGO,J Dt. 25.07.2011 lvl THE HON’BLE SRI JUSTICE A.GOPAL REDDY And THE HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.15737 of 2011 (per AGR,J) Dt. 25.07.2011