IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 27867 of 2008 Between: Syed Saifuddin Ali, S/o. Syed Jahangir Ali, R/o. No.16-2-188, A.C.Guards, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Basheerbagh, Hyderabad. 2 The S.H.O. P.S. Banjarahills, Hyderabad. 3 Majid, R/o. H.No.8-2-231/6/2b, X-Roads, Panjagutta, Hyderabad. 4 Shaik Rafiullah, S/o. Shaik Amanullah, R/o. H.No.8-2-231/6/2b, X-Road, Panjagutta, 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 an appropriate writ, order or direction more aprticularly one in the nature of Writ of habeas corpus directing the respondents to produce the wife of the petitioner namely Arshiya Begum immediately and forthwwith, and pass Counsel for the Petitioner:MR.MOHAMMED ADAM Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.27867 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) By means of filing this writ petition under Article 226 of Constitution of India, the petitioner seeks issuance of a writ of habeas corpus for production of Arshiya Begum, whom he alleged to have married. On the previous date of hearing, the alleged detenu was produced before this Court and when examined, she stated that she is aged about 15 years and prosecuting her studies in VII Class. She further stated that the petitioner by exerting threats, married her and later both of them obtained a deed of “Qula” and obtained divorce on 5.12.2008. She asserted that she has not been illegally detained by her parents. In view of the statement of the alleged detenu, the learned counsel for the petitioner seeks liberty to the petitioner to avail remedies before the appropriate forum for securing the custody of the alleged detenu. We accordingly dismiss the writ petition granting liberty to the petitioner to avail the remedies available to him under law. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR