HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO. 31704 OF 2010 Monday, the Seventh day of February, Two Thousand and Eleven Between Smt. Kuppala Shilpa Petitioner AND The Superintendent of Police, Nellore and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner who is wife of the fourth respondent herein filed this writ of habeas corpus for the production of her minor twins namely Bharath Sai Praveen @ Kuppala Sai Bharath Chandra Naidu and Bharath Sai Chaitanya @ Kuppala Sai Sarath Chandra Naidu, aged four years and to handover their custody to her. It is stated that the petitioner was married to the fourth respondent on 13.5.2004 at Kondandarama Swami Temple, Atmakur, Nellore District, as per the Hindu rites and customs. Out of their wedlock, they were blessed with the twin boys on 22.3.2006 and after birth of the said children, relations between the petitioner and fourth respondent have strained and, as such, she filed a complaint before the IV Station House Officer, Women Police Station, Nellore on 28.7.2009, which was registered as crime No. 16 of 2009 for the offence under Sec. 498-A IPC and after filing of the charge sheet, it was numbered as CC No. 449 of 2009 on the file of the V Additional Judicial Magistrate of First Class, Nellore. It is further stated that she also filed a maintenance case under Sec. 125 Cr. P.C. before the Family Court, Nellore in FC OP No. 205 of 2009, in which the fourth respondent had filed counter. It is also stated that the husband filed a petition for restitution of conjugal rights before the Family Court- cum-V Additional District Judge, Tirupathi in FC OP No. 143 of 2009. It is stated that the petitioner is now doing job as cashier-cum-Clerk in Karnataka Bank Limited, Banjara Hills Branch, Hyderabad, from 8.7.2010. In the backdrop of this factual matrix, we are of the opinion that the grievance of the petitioner has to be adjudged by a competent court inasmuch as the same appears to be purely a family dispute and, as such, writ of habeas corpus does not lie. It is for the petitioner to workout the remedies before the appropriate forum. Unless the competent forum decides the legal custody of the twin boys, it cannot be said that the children are in the illegal custody of the fourth respondent, who is admittedly natural father of the minors. Consequently, the writ petition, being misconceived is accordingly dismissed. No order as to cost. ___________________ Justice V.Eswaraiah ________________________ Justice V.Suri Appa Rao February 7, 2011 MAS