IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 19317 of 2008 Between: N.Jagan S/o.N.Jaipal R/o.H.No.17-34, B.N.R.Colony Devarakonda , Nalgonda District ..... PETITIONER AND 1 The Station House officer, P.S.Devarakonda Nalgonda District, AP 2 The D.S.P., Devarakonda, Nalgonda District 3 The Superintendent of police, Nalgonda District, AP 4 Mallesh R/o.30-85/8, Shiva nagar, Kanakiguda Trimalgiri, Secunderabad .....RESPONDENTS 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 issued an appropriate writ order or direction more particularly one in the nature of writ of Habeas corpus declaring the action of the respondents in detaining the detenue viz., Archana as violative of Articles 14,19 and 21 of the Constitution of India and consequently direct the respondents to produce the detenue viz., Archana before this Hon`ble court and et her liberty and pass Counsel for the Petitioner: MR.N.RAMACHANDRA RAO Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR W.P.No.19317/2008 Oral Order: (per Hon’ble Sri Justice A. Gopal Reddy) By means of filing this petition under Art. 226 of the Constitution of India, the petitioner seeks for issuance of a writ of Habeas Corpus directing the respondents to produce his wife, Archana, who has been illegally detained by her parents. It is averred in the affidavit filed in support of the petitioner that the petitioner married the detenu on 10-5-2008 at Sri Seetharama Chandra Swamy temple, Shirasanagandla village, Vangur Mandal, Mahabubnagar District and were residing at Devarakonda, the native place of the petitioner. On 6-8-2008, the parents of Archana ie.,, Mallesh, and Swaroopa and maternal uncle of Archana, Devender came to their house and asked him to send Archana with them by promising that they will send her back within two days, but his wife did not return back. Later he got information for the maternal uncle of Archana that they went to Gulbarga. He lodged a complaint dt. 13-8-2008 to the first respondent. In spite of lodging report, the respondents have not released Archana to join him. To-day ie., 9-2-2008, the police produced the detenu in the court. She is aged about 20 years. We interviewed her in the chambers. She asserted that she has not been illegally detained by her mother; his father died one and half a month ago, and to console her mother, she came to her mother, and at present she is not willing to go back with the petitioner. Since the detenu is a major and at present she decides to reside with her mother and she has not been illegally detained by her mother, the allegation of the petitioner that the detenu has been illegally detained by her parents cannot be accepted. The writ petition is accordingly dismissed. However, dismissal of the writ petition will not preclude the petitioner for availing remedies as are available to him, under law, for securing the company of his wife ie., Archana before the appropriate forum. ____________________ A.GOPAL REDDY, J _______________________ B.CHANDRA KUMAR, J Dt. 09–02-2009 kmr