IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.19026 of 2009 Between: Gajula Vijayalakhmi. … Petitioner And 1. The Superintendent of Police, Rangareddy District. 2. The Station House Officer, Saroornagar P.S. 3. Gajula Rachappa and 5 others. … Respondents The Court made the following: HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.19026 OF 2009 ORAL ORDER: - (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 and 2. 2. This is a classic case where the statutory rights of an individual are subjected to abuse. 3. This writ petition is filed seeking a direction to the respondents to produce one Gajula Veeresham, S/o.G.Rajappa, who is in the illegal custody of respondent Nos.3 and 4, before this Court and set him at liberty and pay a sum of Rs.1,00,000/- towards compensation. 4. The grievance of the petitioner, in this writ petition, is that her husband was forcibly detained by his parents and she wants to see her husband. Therefore, she sought Writ of Habeas Corpus for production of her husband before this Court. 5. On the last occasion itself, it was brought to the notice of this Court that the alleged detenu has been suffering from Cancer, which is at advanced stage, and that a criminal case was filed by the petitioner against the parents of the alleged detenu under Section 498-A of the Indian Penal Code. 6. It is the contention of the petitioner that she was driven away from her matrimonial house by her parents-in-law for want of additional dowry, while her husband is not well. 7. As per the directions of this Court, the alleged detenu is present before this Court, today. At a glance, the alleged detenu appears to be very week and his condition is very precarious. He is not at all in a position to move around nor talk about. It is only the gestures that he is able to make. 8. Upon being questioned by this Court as to whether he seeks the assistance of the petitioner to serve him, with all vehemence, he made the gestures that he is not inclined to have any assistance from the petitioner. He prays this Court with folded hands to reject the request made by the petitioner. 9. In fact, it is admitted by the petitioner that about six months ago she has the knowledge that her husband has been a Cancer patient. But, this aspect has not been highlighted and suppressing or not giving sufficient significance to that vital aspect, she filed a complaint against her parents-in-law, for the offence punishable under Section 498-A of the Indian Penal Code. 10. At the fag end of the life of a husband, notwithstanding the differences, what is required by a wife is to provide a little comfort to the husband, particularly from a wife who feels that she is responsible to her husband and cares for his health, but, certainly not the litigation, more particularly a complaint under the provisions of Indian Penal Code. In the instant case, the conduct of the petitioner itself speaks volumes. 11. Therefore, in our considered view, the petitioner had deliberately been making efforts to misuse the right accrued by the statute. When the situation is obvious and when we are able to perceive the same, we cannot just keep quiet allowing such abuse of law to be perpetrated, particularly when the health condition of the petitioner’s husband is precarious. 12. Accordingly, the writ petition is dismissed with a direction to the petitioner to render a solace to her husband, who is at the last lap of his life, by offering a sum of Rs.2,000/- (Rupees two thousand only) payable within one month from the date of receipt of a copy of this order. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 15.09.2009. Lmv