HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.27209 of 2010 DATE: 10.11.2010 Between: N.Chandrasekhar …… Petitioner And: The Superintendent of Police, Kadapa And others …..Respondents HONOURABLE SRI JUSTICE V.ESWARAIAH & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.27209 of 2010 ORDER : (per HON’BLE SRI JUSTICE V.ESWARAIAH) The petitioner, husband of the alleged detenu filed the present writ petition to issue a writ of Habeus Corpus directing the respondents to produce his wife before this Court. The respondents 1 and 2 are the police authorities, 3 and 4 are the parents of Smt.B.Payal, the alleged detenu, and wife of the petitioner herein. It is stated that the petitioner and the daughter of the respondents 3 and 4 namely B.Payal fell in love while they were studying in the college and they finally married on 19.03.2010 against the wishes of their parents. But when the attempts to get back their daughter by way of counseling through the police, Lok Adalat, elders and by respondents 3 and 4 proved futile and in spite of the advice not to interfere with the family life of the petitioner, respondents 3 and 4 have not stopped their attempts. While so, it is stated that the petitioner had put up his family at Bangalore, where he is working as Technical Engineer in Airtel Company, both of them are living together and when the wife of the petitioner has conceived, she was taken for medical check up on 01.10.2010 and as there was no female assistance, she was brought to their native place Kadapa on 19.10.2010 and when she was residing in the petitioner’s parent’s house, his parents-in-law came to know about her residing there, they came and convinced her by promising that they will forego everything and look after the wife of the petitioner well and on believing the same, she went to her parents’ house. But, as the respondents 3 and 4 are not allowing the petitioner to get back his wife and detained her with them, it is stated that his wife is in illegal custody of the respondents 3 and 4. 2) Pursuant to the notice issued in this writ petition, the respondents 3 and 4 produced the alleged detenu before this Court. The alleged detenu was advised to go through her counsel Smt.M.Bhaskara Lakshmi. The learned counsel Smt.M.Bhaskara Lakshmi after counseling the alleged detenu in this Court, has reported that the alleged detenu is not willing to join her husband and she would like to live along with her parents. We have also examined the alleged detenu Smt.B.Payal and she expressed her unwillingness to live with her husband. As the girl who is admittedly major, reported that though she has conceived, it was miscarried at the place of husband itself at Bangalore and therefore, she came back to Kadapa and living with her parents. In view of the above circumstances, it cannot be said that alleged detenu is in illegal custody of the respondents 3 and 4. 3) The writ petition is accordingly dismissed. No costs. ______________ V.ESWARAIAH, J __________________________ SAMUDRALA GOVINDARAJULU, J Date: 10.11.2010 ksh