THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE SRI JUSTICE V SURI APPA RAO Writ Petition No.4433 of 2011 DT.16.3.2011 Between: Mrs Suguna Kumar … Petitioner And The State of A P, rep by its Principal Secretary, Home Dept, Secretariat, Hyderabad and others … Respondent Counsel for the Petitioner: Sri K V Subrahmanya Narusu Counsel for respondent: Advocate General The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE SRI JUSTICE V SURI APPA RAO Writ Petition No.4433 of 2011 ORDER: ( Per Sri Justice V Eswaraiah) The petitioner herein who is mother of alleged detenu, filed the present writ of Hebeas Corpus seeking a direction to the respondents to produce her daughter Dr.Lakshmi Narsimha Sai Anjani before the Court. The petitioner states that alleged detenu is the only daughter she begot out of the wedlock and after divorce from her husband by mutual consent by decree of divorce dated 12.10.1993 in O.P. No.53 of 1993 and later his death in the year 1996, with her own struggle and earnings, she got educated the alleged detenu and joined her in MBBS course in the year 2002 which she completed in the year 2010 and later sent her to United States of America in the year 2009. It is further stated that the alleged detenu after completion of her course, returned to India in March, 2010 and stayed with her till June, 2010 and thereafter left her company and petitioner alleges that the alleged detenu is in illegal custody of unofficial respondents. Pursuant to notices issued by this Court by order dated 23.2.2011, the alleged detenu at her own instance appeared before this Court on 9.3.2011, represented by counsel i.e., Mr Kouturi Vinay Kumar. On 9.3.2011, this Court recorded the statement of alleged detenu, wherein she admitted that her mother is taking care of her educational expenditure and that while she was in USA her mother was unnecessarily apprehending that she was kidnapped by somebody and used to pelt stones on the house of her cousin and she suspect that her mother is suffering from pressure and depression. The statement of alleged detenu reads as under; My name is Dr Lakshmi Narsimha Sai Anjani, Aged about 27 years presently residing at Ramdev Apartments, Near Astalakshmi Temple, Kothapet, L B Nagar, Hyderabad (Cell No. 8179216625) do hereby solemnly affirm and state as follows on this the 9th day of March, 2011. The writ petitioner Smt Suguna Kumar is my mother. I born on 2.3.1983. Till the divorce of my father with my mother, my father used to bear the expenditure of my studies and after his death in the year 1996 when I was in 8th class, my mother only used to incur my expenditure of studies upto Intermediate. I joined MBBS course in the year 2002 and completed the same in the year 2010. My mother applied for a bank loan for meeting the expenditure of my MBBS course and the same was sanctioned. On the amounts spent my mother only I left for United States of America on 16th September, 2009 for attending “Electives” at different places in New York and on completion of the same, returned to India on 8.3.2010 and stayed with my mother till June, 2010. When I went to U.S.A. my mother was unnecessarily apprehending that I was kidnapped by somebody and used to pelt stones on the house of my cousin and I suspect that my mother is suffering from pressure and depression. I decided to leave the company of my mother due to physical torture given to me by her. I hereby undertake to attend before this Court on 16.3.2011. Having regard to the statement made by the alleged detenu, this Court opined that both the petitioner as well as the alleged detenu be examined in presence of a qualified psychologist and the matter was adjourned to today. Pursuant to requisition made by the Registry to the Superintendent, Osmania Medical Hospital, Hyderabad, Dr.C.Venkata Subbaiah, M.Sc., M.Phil, Ph.D, Consultant Clinical Psychologist, was deputed to this Court and he has examined the petitioner as well as the alleged detenu and opined that both of them need detail psychological assessment for diagnostic psychometric. We have also examined both the petitioner as well as the alleged detenu, wherein the alleged detenu fairly submitted that she got love and affection towards her mother and she cares for her and that she has legal and moral duty to take care of her mother but she cannot ignore her further studies and would like to live at her own. She stated that she is not in the illegal custody of the unofficial respondents who are her maternal grand- mother and maternal uncle and other relatives and in fact they are now supporting her and meeting her personal and educational expenses and taking care of her well being. Having regard to the fact that the alleged detenu is major and in view of her specific statement that she is not in the illegal custody of unofficial respondents and want to live at her own, it cannot be said that she is in illegal custody warranting interference of this Court. For the foregoing reasons, the writ petition is dismissed. No costs. ________________ V ESWARAIAH,J ____________________ V SURI APPA RAO,J DATE:16.3.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE SRI JUSTICE V SURI APPA RAO Writ Petition No.4433 of 2010 DT.16.3.2011 HIGH COURT OF ANDHRA PRADESH**HYDERABAD MAIN CASE No.: .W.P.NO.4433 OF 2011 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 1) 9.3.2011 VE,J & VSAR,J Dr Lakshmi Narsimha Sai Anjani/ alleged detenu is present in person before this Court, represented by Mr. Kouturi Vinay Kumar, Advocate. We have examined her and in her s t a t e m e n t she made certain allegations against her mother/writ petitioner. Having regard to the same, we deem it appropriate to examine the writ petitioner/mother of the alleged detenu and also the alleged detenue in the presence of a qualified psychologist. The alleged detenu undertakes to appear before this Court in person on 16.3.2011. List on 16.3.2011 for appearance of writ petitioner and also the alleged detenu. ____________ 9.3.2011 tvk Note: Registry is directed to arrange a qualified psychologist on 16.3.2011 at 12.00 pm by making a request to the Superintendent, Osmania Medical Hospital, Hyderabad or from any other Government Hospital. B/o. HIGH COURT OF ANDHRA PRADESH WRIT PETITION No.4433 of 2011 Name : Dr.Lakshmi Narsimha Sai Anjani Age:27 years Present Address: Ramdev Apartments, Near Astalakshmi Temple, Kothapet, L B Nagar, Hyderabad Nationality: Indian Date: 9.3.2011 Statement of the detenue: Dr Lakshmi Narsimha Sai Anjani My name is Dr Lakshmi Narsimha Sai Anjani, Aged about 27 years presently residing at Ramdev Apartments, Near Astalakshmi Temple, Kothapet, L B Nagar, Hyderabad (Cell No. 8179216625) do hereby solemnly affirm and state as follows on this the 9th day of March, 2011. The writ petitioner Smt Suguna Kumar is my mother. I born on 2.3.1983. Till the divorce of my father with my mother, my father used to bear the expenditure of my studies and after his death in the year 1996 when I was in 8th class, my mother only used to incur my expenditure of studies upto Intermediate. I joined MBBS course in the year 2002 and completed the same in the year 2010. My mother applied for a bank loan for meeting the expenditure of my MBBS course and the same was sanctioned. On the amounts spent my mother only I left for United States of America on 16th September, 2009 for attending “Electives” at different places in New York and on completion of the same, returned to India on 8.3.2010 and stayed with my mother till June, 2010. When I went to U.S.A. my mother was unnecessarily apprehending that I was kidnapped by somebody and used to pelt stones on the house of my cousin and I suspect that my mother is suffering from pressure and depression. I decided to leave the company of my mother due to physical torture given to me by her. I hereby undertake to attend before this Court on 16.3.2011. Deponent Solemnly affirmed and singed on this the 9th day of March, 2011.