HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.32700 of 2010 Date: 14-02-2011 Between Jakka Aruna … Petitioner and The Govt. of A.P, Rep. by its Principal Secretary, Dept. of Home, Secretariat, Hyderabad and 5 others … Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.32700 of 2010 Order: (per V.Suri Appa Rao, J.) The petitioner filed this Writ of habeas corpus petition alleging that the respondents 4 and 5, who are her parents and respondent No.6, who is her brother, used to administer some medicine to her by mixing them into her food and therefore she became weak. She is doing her research work at Nagarjuna University, Guntur and after the marriage, some disputes arose between her and her husband due to the attitude of the respondents 4 to 6, who spoiled her marital life for their own benefit, only for her earnings. While so, on 26-11-2010 the respondents 4 to 6 necked her out from the house keeping her minor son, by name Naga Sai Akhil and all her belongings i.e., cash, gold ornaments, educational certificates and other documents and also demanding for encashment of the fixed deposits which were on her name and also in the joint name of the 4th respondent and the petitioner. When she refused to do so, they are threatening her with dire consequences and not giving her minor son back. She is afraid of danger to her son in the hands of the respondents 4 to 6. Therefore, she prays to direct the respondents to produce her son who is illegally detained by the respondents 4 to 6 against her will and to handover him to her who is natural guardian and set him at liberty. 2. The respondents 4 to 6 filed a Counter Affidavit denying the averments of the petition. 3. Respondent No.3-Sub Inspector of Police, Tadikonda Police Station, Guntur Urban district filed a Counter Affidavit along with the statements of the respondents 4 to 6 and also of the father-in-law of the petitioner recorded by him, wherein the 4th respondent in his statement stated that the petitioner is his elder daughter, completed M.Sc., M.Phil., and doing Ph.D., in Nagarjuna University, Guntur. She got married with one Jakka Naga Venkata Gopal, resident of Nandyala, Kurnool district. The petitioner and her husband lived happily for two months. Thereafter, disputes arose between them. On 11-02-2009 the petitioner was blessed with a male child. She also gave a complaint against her husband. She was mentally depressed and visiting the temples. Therefore, she got treatment in the Government Hospital, Guntur by the Psychiatrist Professor, by name S.Prasad. She deposited her gold ornaments in a bank. She herself left her minor son, alleged detenu, and went away without informing them. He further stated that he has no objection to handover the minor son of the petitioner to her. 4. It is stated by the 3rd respondent in his Counter Affidavit that the respondents 4 to 6 have stated before him that the petitioner herself left the house without informing anyone and that the alleged detenu Master Naga Sai Akhil is staying with them and the respondents 4 and 5 are taking care of the child and they are ready to give custody of the child to the petitioner as and when the petitioner is willing. The 4th respondent stated that the whereabouts of the petitioner are not known to him. 5. The petitioner herself was produced by her counsel today in the Court. The respondents 4 to 6 handed over the child to the petitioner. Therefore, the contention of the learned counsel for the petitioner that her son, alleged detenu, was wrongfully taken away by her parents and the brother cannot be believed. We examined the parents of the petitioner i.e., the respondents 4 and 5 as well as the petitioner herself. The parents of the petitioner say that they have no objection to take their daughter as well as the alleged detenu their grandson but the petitioner is not agreeing to stay with her parents and she wants to stay separately with her son, who is the alleged detenue. Whereas, the petitioner says that she is doing Ph.D., in Nagarjuna University, Guntur and getting stipend of Rs.17,000/- and she is living in a Ladies Hostel. She stated that whenever she goes she is taking her son to Nagarjuna University and she has no ailment and the disputes between herself and her husband are only created by the parents and they are not taking care about the welfare and well-being of the petitioner and her son and they have developed attachment with the grandson and they are demanding money to look after the petitioner. 6. From the above, we are not inclined to express any opinion with regard to their views but we are of the opinion that the petitioner, being the mother of the alleged detenu, is entitled for custody of the minor son and the alleged detenu is happily received by the mother and therefore, it cannot be said that the petitioner is unable to maintain and take care of her son. We are also of the opinion that giving custody of the boy to the petitioner is in the welfare and interest of the child. On our interaction with the petitioner, we are of the view that the petitioner can take care of her natural born son. The petitioner and the respondents 4 to 6 are at liberty to have better relationship with each other and make every effort to develop natural love and affection. The petitioner shall furnish her present address and all the details to the 3rd respondent. The petitioner is permitted to go to her parents with the assistance of the 3rd respondent and take all her educational certificates and belongings. 7. In the result, the writ petition is disposed of accordingly giving custody of the alleged detenu to the petitioner, who is the natural mother. ____________________ V.ESWARAIAH, J. _____________________ V.SURI APPA RAO, J. 14th February, 2011. Ak HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.32700 of 2010 (Order of the Division Bench delivered by VSAR, J.) 14th February, 2011.