HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.16339 of 2010 Dated: 08-09-2010 Between: Shaik Sagar Nowshad …Petitioner AND The State of Andhra pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad & Others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.16339 of 2010 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) By means of filing this writ petition, petitioner seeks custody of 7th respondent-Sara Siddiqu, whom he married against the wishes of her parents-respondents 4 and 5 herein. According to the petitioner, himself and 7th respondent fell in love with each other and they got married on 24.11.2009 against the wishes of the parents of 7th respondent and the marriage has been consummated with the wishes of both the parties. Later, respondents 4 to 6 took the 7th respondent with them, confined her in a room and since then she is under their illegal detention. 3rd respondent-Inspector of Police, Rein Bazar Police Station, Hyderabad filed a counter affidavit stating that the 6th respondent herein who is the maternal uncle of the alleged detenue lodged a complaint with the police on 25.11.2009 stating that the alleged detenue left the house on 24.11.2009 at 1430 hours without informing her parents, on which basis, a case in Crime No.256 of 2009 has been registered under the head ‘Girl Missing’ and the investigation was taken up. During the course of investigation, the alleged detenue and the petitioner came to the police station on 4.12.2009 and informed the police that they voluntarily married each other and submitted the Nikhanama of their wedding. On that, the investigating officer called the parents of the alleged detenue and informed them about the their marriage. Later the parents-respondents 4 and 5 along with the alleged detenue and the petitioner left the police station, that after two hours, they returned to the police station and the alleged detenue addressed a letter to the investigating officer stating that she is presently willing to live with her parents and both the parties left the police station. Thereafter, the complainant (respondent No.6) gave a written requisition to drop further action in the matter, and accordingly, a final report was prepared on 10.12.2009 and filed on 31.5.2010 before VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad as ‘action dropped’. Pursuant to the order passed by this Court on 25.8.2010, the petitioner, respondents 4 and 5 and the alleged detenue are present in the Court today. On examination, the alleged detenue confirmed her marriage with the writ petitioner, expressed her willingness to join the company of her husband (petitioner) and also expressed that no further cases will be registered against her parents-respondents 4 and 5 and also against the petitioner, which will lead to unnecessary harassment to them. The crime has already been investigated and a final report has also been filed dropping the further action. As the alleged detenue, who is a major, is willing to go along with the writ petitioner, we set her at liberty to go along with the petitioner and direct that the respondents 4 and 5 to allow the alleged detenue to live with the petitioner and not to harass the petitioner or the alleged detenue or interfere with their marital relationship. The respondents 4 and 5 are also directed not to compel the alleged detenue to stay with them. If the petitioner or the alleged detenu requires any assistance of the police or complains any interference either by the parents of the alleged detenue or by the 6th respondent, the third respondent shall give necessary protection to the petitioner and the alleged detenue. The writ petition is accordingly disposed of. No costs. ________________ A. GOPAL REDDY, J. __________________ SEPTEMBER 08, 2010 RAJA ELANGO, J. Tsr.