THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.20247 of 2009 Date: 28-10-2009 Between : Thota Ram Moohar Lohia … Petitioner And The Station House Officer, P.S. Machavaram, 7th Town, Machavaram, Vijayawada and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.20247 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent No.1. 2. The whole grievance of the petitioner in this writ petition is that his wife, namely Smt. Mahalakshmi, was illegally taken away by respondent No.2, who is her father, and therefore, he seeks production of the alleged detenu before this Court and set her at liberty. 3. It is the contention of the petitioner that he married the alleged detenu, namely Mahalaxmi, against the will of respondent No.2, who is her father, and their marriage is a love marriage and they are leading a happy marital life. While so, when the alleged detenu was pregnant, she did not go to her parental house despite the request made by respondent No.2. Therefore, on 30.8.2009, while the petitioner was in Hyderabad, the 2nd respondent came to his house and took away the alleged detenu along with him stating that she would be back on the next day. However, despite the best efforts to get his wife back, the same could not be possible because of the intervention of the 2nd respondent and he was made to move from pillar to post in search of the alleged detenu. 4. A counter affidavit has been filed by respondent No.1 stating that the alleged detenu married the petitioner on her own volition and against the will of her parents. Subsequently, she was not happy with her husband since there was a harassment by the petitioner and his mother for want of dowry. It is also stated that during the course of investigation, the alleged detenu had further stated that she conceived and the petitioner did not bother to take her to the doctor when she was sick in seventh month. On 30.8.2009, she could not bear the harassment of her mother-in-law and left the matrimonial home to her parents house at Vijayawada. The said fact was informed to the petitioner also. She also stated that the baby, who had born, also expired in delivery and now she is staying with her parents since 20.9.2009 at Vijayawada. 5. In order to verify the said facts that have been put-forth in the counter affidavit, this Court directed the 1st respondent to record the statement of the alleged detenu by the Mandal Executive Magistrate, Vijayawada Urban, and file the same before this Court. Accordingly, the alleged detenu was produced before the learned Mandal Executive Magistrate, who recorded her statement, wherein she stated about all the facts that have been mentioned in the counter affidavit. The said statement further reveals that it was recorded to the dictation of the alleged detenu in the presence of two witnesses. Therefore, there is no reason for us to disbelieve the said statement of the alleged detenu and the same is made part of the record. 6. Having regard to the facts stated in the statement of the alleged detenu as well as in the counter affidavit, the question of illegal detention does not arise. Therefore, we do not find any merit in the writ petition and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 28-10-2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.20247 of 2009 28-10-2009 (Msr)