IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 1312 of 2008 DATE:11.02.2008 Between: Mohammed Nooruddin Qureshi Waseem ..... PETITIONER AND 1. The Inspector of Police, P.S. Asifnagar, Asifnagar, Hyderabad, and others. ...RESPONDENTS ORAL ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) The petitioner, who is the father of the minor children, namely, Saher Qureshi, aged 13 years, Sanobar Farheen, aged 12 years and M.A. Rahman Danish, aged 6 years, filed this writ petition to issue a Writ of Habeas Corpus directing the respondents to search for the missing woman, namely Mrs. Siddiqua Begum, W/o. Mohammed Nooruddin Qureshi, and his three children. Admittedly, the petitioner is a private employee at U.A.E. His three children are in the custody of his wife, namely, Siddiqua Begum, who was working in St. George’s Grammar School, Abids, Hyderabad. It is stated that his wife Siddiqua Begum resigned the job on 28.05.2007 stating that she is going to join her husband at Dubai and the same was accepted by the said school. Later, she left along with her children. On 14.06.2007, the brother of the petitioner lodged a complaint with the Asifnagar Police Station, stating that her sister-in- law, namely, Siddiqua Begum along with her three children are missing from the house since 6.06.2007. On the basis of the said complaint, a case in Crime No.213 of 2007 was registered under the head ‘Woman and three children missing’ and investigated into. The Inspector of Police, Asifnagar P.S., the first respondent herein, field counter affidavit stating that their investigation reveals that the wife of the petitioner along with three minor children left India much prior to registration of crime i.e., on 06.06.2007 itself by flight No. TG 330 to Bangkok. Learned counsel for the petitioner contends that the petitioner, being the natural father, is entitled to custody of his children and the wife of the petitioner was acting at the behest of the gangsters, who indulge in the activities of kidnapping the minor children from India. Whether the petitioner, being the natural father of the three minor children, is entitled to custody of the children and whether the mother is acting at the behest of the gangsters, are the matters, which cannot be gone into in a Writ of Habeas Carpus. Since the minor children are under the custody of their natural mother, the petitioner can work out his remedies before an appropriate forum for the custody of the minor children. The Writ Petition is accordingly dismissed. ____________________ (A. GOPAL REDDY, J.) ______________________________ (NOOTY RAMAMOHANA RAO, J.) 11th February, 2008 Js.