IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 12383 of 2008 Between: Mohd. Najmuddin Shakir S/o.Late Mohd.Aleemuddin Shakir R/o.H.No.16-2-716/D, Akbarbagh, Malakpet Hyderabad ..... PETITIONER AND 1 The Govt of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad 2 The Commissioner of Police, Hyderabad City, Hyderabad City Police Commissionerate, Basheerbagh, Hyderabad 3 The Station House officer, Saidabad Police station Hyderabad 4 Smt.Nisha Sultana D/o.Jahangir Pasha R/o.H.No.16-1-28/45 jayanagar colony Saidabad , Hyderabad 5 Naseer Khan S/o.Jahangir Pasha R/o.H.No.16-1-28/45 jayanagar colony Saidabad , Hyderabad .....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 issue writ order or direction more particularly one in the nature of writ of Habeas corpus directing the respondents No.1 to 5 to produce the petitioner minor sons Mohd.Asimuddin Maaz and Md.Sammeemddin Saad before this Hon`ble court and pass appropriate orders. Counsel for the Petitioner: MR.H.SUDHAKAR RAO Counsel for the Respondents 1 to 3: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.12383 of 2008 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. This writ petition is filed seeking to issue a writ of Habeas Corpus directing respondent Nos.1 to 5 to produce the sons of the petitioner, by name Mohd. Asimuddin Maaz and Md.Sameemuddin Saad, before this Court. 3. It appears, the petitioner and his wife were divorced and the children are in the care and custody of his divorced wife. There is an order of ad interim injunction in favour of the divorced wife as regards the custody of the children. 4. Learned counsel appearing for the petitioner submits that since ad interim injunction as regards the care and custody of the children was obtained by the wife by playing fraud on the Court concealing several facts, he seeks interference of this Court by way of directing the respondents to produce the children before this Court. 5. At the outset, we cannot accept the submission of the learned counsel appearing for the petitioner for the simple reason that the main issue is before the competent Family Court and there is an order of ad interim injunction passed against the petitioner by the said Court. We are not aware of the circumstances under which the Family Court has appreciated the matter and passed the order of ad interim injunction in favour of the mother regarding the custody of the children nor it is for this Court to go into that aspect, inasmuch as, it is for the Family Court to appreciate the facts on merits and decide the issue. So long as the order of ad interim injunction is in force against the petitioner, interference by this Court, in a writ of Habeas Corpus, is wholly unwarranted. 6. If the petitioner has any grievance, it is for him to approach the Family Court, which passed the order of ad interim injunction and seek appropriate remedy. Certainly, a writ of Habeas Corpus is not a recognized remedy in a case of this nature and this Court cannot be used as a basis for this kind of unwarranted litigation. 7. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 8. In the result, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _____________________ JUSTICE K.C.BHANU 30TH JUNE 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Govt of Andhra Pradesh, Home Department, Secretariat, Hyderabad 2 The Commissioner of Police, Hyderabad City, Hyderabad City Police Commissionerate, Basheerbagh, Hyderabad 3 The Station House officer, Saidabad Police station Hyderabad 4. 2CCs to Advocate General, High Court Buildings, Hyderabad. (OUT) 5. 2CD copies