IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.12897 of 2009 Between: Mohammed Abdul Rahman Siddiqui S/o.M.A Raheem Siddiqui 19-2-21/3/1 Maqbara Ghalib Jung Misrigunj,Kalapather Hyderabad ..... PETITIONER AND 1 The State of Andhra Pradesh rep.by its Principal Secretary,Home Department Secretariat,Hyderabad 2 Assistant Commissioner of Police Charminar Division Hyderabad 3 Station House Officer Hussaini Alam Police Station,Hyderabad 4 Sub Inspector of Police Hussaini Alam Police Station,Hyderabad 5 Station House Officer WPS South Zone,Hyderabad 6 Smt.Syeda Zaheda Quadri W/o. Syed Rasool Quadri Majeed Manzil D.No.19-4-279/S/4 Saleheen Colony Nawabsab Kunta,Jahanuma,Hyderabad .....RESPONDENT(S) 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 to issue a writ of Habeas Corpus directing the respondents to produce Nazia Quadri W/o. Mohammed Abdul Rahmen Siddiqui D/o. Syed Rasool Quadri,R/o. 19-2-21/31/1 Misrigunj,Kalapathar,Hyderabad before this Hon'ble Court forthwith and set him at liberty and pass Counsel for the Petitioner:MS.NASEEB AFSHAN Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.12897 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3, and also the learned counsel appearing for respondent No.6. 2. This Writ of Habeas Corpus is filed by the petitioner directing respondent Nos.1 to 5 to produce his wife viz., Nazia Quadri, D/o. Syed Rasool Quadri, resident of 19-2-21/31/1, Misrigunj, Kalapathar, Hyderabad, who was in the illegal custody of the sixth respondent, before this Court and set her at liberty, forthwith. 3. It is the grievance of the petitioner that he married the alleged detenu on 30.4.2009 as per the Muslim Rites and customs and the same was registered by the A.P. State Wakf Board. Their marriage is a love marriage. It is further stated that after the marriage, he sent his wife to her parents house and since then she was forcibly restrained and was not allowed to talk with him even on telephone. Subsequently, the brothers of the alleged detenu threatened her to kill her if she did not agree to take divorce from him. It is stated that when he gave a representation along with other material papers to the Deputy Commissioner of Police, South Zone, on 23.6.2009, he referred the petitioner to the Assistant Commissioner of Police, Charminar Division, and on his interference the Sub-Inspector of Police, WPS, South Zone, Hyderabad, conducted reconciliation between both the parties. However, since the alleged detenu was tensed and in a confused mood about the consequences of the same, there was no improvement in the conciliation efforts. It is stated that even as on today, the alleged detenu is in the custody of the sixth respondent, who is her mother. Therefore, he seeks production of the alleged detenu, who is his wife, before this Court. 4. As per the directions of this Court, the alleged denenu Mrs. Nazia Quadri is present before this Court today. The petitioner is also present before this Court. 5. Upon being questioned by this Court in the open Court, the alleged detenu stated that she wants to live with her mother, but not with the petitioner. 6. Upon such statement, the learned counsel appearing for the petitioner stated that the said statement is being made by the alleged detenu under duress and coercion by the sixth respondent-mother. The said coercion was allegedly in different modes, which is not worth mentioning. It was further urged by the learned counsel appearing for the petitioner that the alleged detenu is unable to tell anything in the open Court and, therefore, she may be examined by this Court in camera. 7. Inspite of examination of the alleged detenu in camera in the chambers, we could not get any different version from the alleged detenu than the one expressed in the open Court. However, she did not deny the factum of her marriage with the petitioner. 8. After we assemble in the Court, when we once again questioned the alleged detenu, she reiterated the same thing as regards her strong desire to live with her mother and apparently there was no change in her version. 9. This Court also examined the petitioner, who is the husband of the alleged detenu, in camera and upon which he also brought to our notice about various facts regarding the circumstances under which he married the alleged detenu. Of course, he further stated that he is strongly desirous of leading a happy marital life with the alleged detenu. 10. It is not in dispute that the alleged detenu is a major. Though she is married to the petitioner, this Court cannot compel her to live with the petitioner or with the sixth respondent, particularly when the alleged detenu is not willing to live with the petitioner, atleast as of now. She is at liberty to live wherever she likes according to her will and wish and the manner in which she wants to live. 11. In view of the above, if the petitioner has any grievance, it is open for him to approach the appropriate forum and initiate proceedings seeking redressal of his grievance in accordance with law. 12. With the above observations, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 22-07-2009 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.12897 of 2009 22-07-2009 (Msr)