HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO. 2131 OF 2011 Tuesday, the Fifteenth day of February, Two Thousand and Eleven Between Smt. J.Varalakshmi Petitioner AND The Director General of Police, Andhra Pradesh, Lakdi-ka-pul, Hyderabad and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner, who is the grandmother of the alleged detenues namely Master J.Behsajagna Lipi and Master J.Hasyendhra Nadh, filed this writ of habeas corpus seeking a direction to the respondents to produce them before this court and to take appropriate action against the respondents 2 and 3 for their illegal and highhanded action in forcibly taking away the children from her custody. It is stated that she is a residing of Hyder Nagar, Kukatpally, where her son J.Tulasinadh and the children are living with her. Since the relations between her son and daughter-in-law Smt. J.Padmana, were strained, the children are living in her house along with her. While so, on 1.2.2011 at about 5.00 p.m., a person from Nunna Police Station, Vijayawada, came to her house and enquired about the whereabouts of the detenues and after their return from the school, he has forcibly taken them to the Kukatpally Police Station, where the Inspector and the Sub-Inspector of police were also said to be present. It is stated that the Station House Officer of the second respondent Police Station, threatened her and her son when they questioned the alleged illegal action on the part of the second respondent. It is stated that the second respondent and one Ch. Koteshwara Rao, father of petitioner’s daughter-in-law and some anti social elements, who are alleged to be the associates of local MLA, are said to have threatened her when she tried to prevent the children from being taken away from her custody and they wanted to settle the dispute with her daughter-in-law and the son. It is further stated that the minor children are forcibly taken away from her custody. The second respondent – Station House Officer, Kukatpally, filed counter denying the averments made in the writ petition. It is stated that there are differences between the son of the petitioner and his wife. The children were residing with the petitioner. The son of the petitioner was arrested by the third respondent police in Cr. No. 621 of 2010 registered for the offence under Sec. 498-A IPC, basing on the complaint given by the daughter-in-law of the petitioner and subsequently released on bail. It is stated that in a drunken condition, he harassed the children and on 30.1.2011 when mother of the alleged detenues came to know that her husband is vacating the house at Kukatpally Housing Board Colony, herself accompanied by her father and elders went to the house of the petitioner and taken the children after inform the same to the second respondent Station House Officer. The Inspector of Police, Nunna Police Station, Vijaywada City, third respondent herein, filed counter stating that the mother of the alleged detenues left the matrimonial house and started living with her parents at Pathapadu village, Nunna Mandal, Vijayawada and she also filed complaint against son of the petitioner i.e. her husband and based on the said complaint, a case in Cr. No. 621 of 2010 was registered by the Nunna Police Station on 17.12.2010. In that connection, he was arrested and subsequently released on bail. It is further stated that after release on bail, he started harassing the children in a drunken condition and on receiving the information, the mother of the alleged detenues came to the petitioner’s house along with her father and elders and found the children alone and took the children with her under intimation to the Kukatpally Police Station. The children accompanied her and presently, they are residing with their mother at Pathapadu village, Vijayawada Rural Mandal. The maternal grandfather of the alleged detenues and elders also corroborated with the contends of the statement of the mother of the alleged detenues. It is stated that the statements of the alleged detenues and mother of the alleged detenued and her parents were also recorded. The statements of the mother of the alleged detenues namely Smt. J.Padmaja, father of Smt. Padmaja and the alleged detenue No.1 are also enclosed. It is not in dispute that the relations among the parents of the alleged detenues are strained and the mother of the alleged detenues filed a criminal case against her husband for the offence under Sec.498-A IPC and he was arrested and enlarged on bail. Merely because the children who were residing along with father and grandmother in her house at Kukaptally Housing Board Colony, it cannot be said that the mother of the alleged detenues has no right to take away her children. Ultimately, the children are in the custody of their mother. In this backdrop, we are not inclined to express any opinion as to the entitlement or legal custody of the children, for their welfare and upbringing. It is for the respective parties to workout their remedies before appropriate forum in accordance with law. In the premise as aforestated, it cannot be said that the children are in illegal custody of their mother, who is residing along with her parents. As the averments made by the petitioner against the police personnel are without impleading them by name, we are not inclined to express any opinion on the same. It is made clear that if there is any excess or illegal action on the part of the police, it is always open for the petitioner to workout her remedies in appropriate forum. The writ petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah ________________________ Justice V.Suri Appa Rao February 15, 2011 MAS