IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO.: 26484 of 2008 Between: Shaik Naveed S/o. Shaik Jilani R/o.18-8-50, Hindu-Muslim Road, Salipet, Tenali, Guntur District. ..... PETITIONER AND 1. The Director General of Police, Andhra Pradesh, at Lakdikapool, Hyderabad. 2. The Superintendent of Police, Chittoor District at Chittoor. 3. The Circle Inspector of Police, Tirupathi (Urban) P.S., Tirupathi, Chittoor District. 4. The Station House Officer, Alipiri Police Station, Tirupathi, Chittoor District. 5. The Circle Inspector of Police, Attached to I Town Police Station, Tenali, Guntur District. 6. The Station House Office, I Town Police Station, Tenali, Guntur District. 7. Basam Obul Rao R/o.D.No.1-8-57, BTR Nagar, Mangalam Post, Tirupathi, Chittoor District. 8. Basam Seshagiri Rao R/o. Flat No.206, Sahithi Moon Line Apartment, Near Dodla Subba Reddy Government General Hospital, Z.P.Colony, Dargamitta, Nellore Town. 9. Malakondaiah, Flat No.206, Sahithi Moon Line Apartment, Near Dodla Subba Reddy Government General Hospital, Z.P.Colony, Dargamitta, Nellore Town. .....RESPONDENTS 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 issue an appropriate writ of Habeas Corpus directing the respondents to produce the wife of the petitioner by Basam Anusha @ Afreen, aged 21 years (daughter of the 7th respondent herein), before this Hon'ble Court and set her at liberty forthwith. Counsel for the Petitioner: MR.MASTHAN NAIDU CHERUKURI Counsel for the Respondent Nos1to 6: THE ADVOCATE GENERAL The Court made the following: Oral Order: (Per Hon’ble Sri Justice A.Gopal Reddy) By means of filing this writ petition under Article 226 of the Constitution of India, the petitioner seeks for issuance of Writ of Habeas Corpus for production of the alleged detenue—Basam Anusha @ Afreen, aged 21 years, daughter of the 7th respondent alleging that she was illegally detained by her parents. It is stated that the petitioner and the alleged detenue while prosecution their studies—B.Tech. (Electronics and Control Engineering) at Cuba Engineering College, Nellore they fell in love with each other and accordingly decided to marry and ultimately they married on 13-05-2007 at Nellore in the house of one Sartas in the presence of Khaji, after the alleged detenue converted into Muslim religion on 04-05-2007. While so, the parents of the alleged detenue are not agreeable to inter-religion marriage and lot of mediation took place between both the families and ultimately they acknowledged the marriage on condition of both the petitioner and the alleged detenue should complete their education first and after completion of their education the girl will be sent back to the matrimonial house of the petitioner. Instead of sending the alleged detenue to the petitioner’s house, her parents are proposing to reconvert the girl into Hinduism and got her married again and want to perform betrothal against the wishes of the alleged detenue with the help of official respondents. Therefore, she should be produced forthwith, so that she can join the matrimonial home with the petitioner. Respondents 4 and 6 filed separate counter affidavits along with the statement of the alleged detenue recorded by the Station House Officer, Alipiri Police Station stating that the petitioner and the alleged detenue got married themselves on 13-05-2007 and denied the contention of the petitioner that they acted according to the directions of the respondents 7 to 9 (unofficial respondents). Today, the alleged detenue produced before the Court. When we examine her, she reiterated that she voluntarily converted into Muslim religion and married the petitioner herein; she wants to live with him and go along with her husband, who is present in the Court. Since the alleged detenue is a major and wants to live with her husband/petitioner whom she married on 13-05-2007, she shall be set at liberty forthwith to enable her to join the company of her husband. The Sub-Inspector of Police, Alipiri Police Station should accompany the petitioner and see that she should go and join the company of the petitioner. If any complaint is lodged by the petitioner about the harassment, if any, from the respondents the police should take appropriate action against the concerned who interferes with their freedom. The writ petition is accordingly disposed of. No costs. ________________ A.GOPAL REDDY, J. _______________ R.KANTHA RAO,J 15-12-2008 Murthy Assistant Registrar //true Copy// Section Officer To 1. The Director General of Police, Andhra Pradesh, at Lakdi-ka-pul, Hyderabad. 2. The Superintendent of Police, Chittoor District at Chittoor. 3. The Circle Inspector of Police, Tirupathi (Urban) P.S., Tirupathi, Chittoor District. 4. The Station House Officer, Alipiri Police Station, Tirupathi, Chittoor District. 5. The Circle Inspector of Police, Attached to I Town Police Station, Tenali, Guntur District. 6. The Station House Office, I Town Police Station, Tenali, Guntur District. 7. Two CCs to the Advocate General, High court of A.P., Hyderabad 8. Two CD copies.