THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE V. SURI APPA RAO WRIT PETITION NO :31608 of 2010 ORDER: (per Hon’ble Sri Justice V. Eswaraiah) The petitioner, who is the brother of the alleged detenu viz., Bora Parimala Srilakshmi, filed this writ of Habeas Corpus for her production alleging that the alleged detenu is his younger sister, aged 26 years, resident of Karkhana, Secunderabad, was forcibly taken away by some persons on 2.3.2010, when she was coming from a temple at Karkhana to home and that he immediately enquired with his relatives, but of no information. It is stated that respondents 4 to 7 are his in-laws and the 7th respondent is his brother-in-law i.e., son of respondents 4 and 5, and his wife is the sister of the 7th respondent and daughter of respondents 4 and 5, and that his wife left him and is staying with her parents at Visakhapatnam and she filed a complaint against the petitioner under Section 498-A IPC in Crime No.114 of 2010 on 23.5.2010 and she also filed divorce and maintenance cases against him. It is stated that he got some suspicion about his in-laws in taking away his younger sister-alleged detenu, and in October, 2010, he enquired and the neighbours of respondents 4 to 7 intimated him that a lady other than their family members was seen in their house and that lady may be his sister. It is alleged that his sister is an unmarried lady and she is illegally confined by respondents 4 to 7 and not being allowed to communicate with any one of his family members and accordingly, he apprehends danger to his sister in the hands of respondents 4 to 7 and therefore, this writ petition is filed. The 4th respondent-mother-in-law of the petitioner and the alleged detenu, filed a counter stating that the 5th respondent is her husband and 7th respondent is her son and that the petitioner married her daughter without their knowledge in Simhachalam and he took her to Hyderabad and informed them demanding that respondents 4 to 7 should perform their marriage and their daughter was never allowed to make a phone call. It is stated that the petitioner and their parents have been harassing the daughter of the 4th respondent by beating her and ultimately, they dropped their daughter at Visakhapatnam with a warning that she will be allowed if the younger sister of the petitioner returns to their house, alleging that she eloped with the 7th respondent herein. The 4th respondent stated that initially, she has no knowledge about the love affair between the younger sister of the petitioner and the 7th respondent and later, she came to know that the sister of the petitioner married their son-7th respondent and they lived some time in Hyderabad and presently they are residing in Pune. It is stated that the daughter of the 4th respondent was forcibly sent away by torturing and therefore, she was constrained to file O.P.Nos.774/2010 and 712/2010 before the Family Court, Visakhapatnam, for divorce and maintenance respectively. It is stated that both the O.Ps were decreed on 13.10.2010 and her daughter also filed a complaint before the S.H.O., Gopalapatnam Police Station, under Section 498-A IPC for cruel treatment and harassment and in the said complaint, the petitioner obtained anticipatory bail. It is stated that the 7th respondent and his wife viz., younger sister of the petitioner, who are majors, married on 3.12.2007 at Hyderabad and this is all known to the petitioner and his family members and the allegations made in the petition are all false and this petition is filed only to take vengeance as the wife of the petitioner filed the aforesaid cases as well as the criminal case under Section 498-A IPC. The Inspector of Police, Karkhana Police Station, filed an affidavit stating that after issuance of notice in the writ petition, a team of police visited Pune, Maharastra, where the alleged detenu is residing and her statement was recorded on 22.1.2011. In her statement, she stated that she is residing at Pune and she is major, aged about 34 years and completed her MBA, B.Com., and on 3.12.2007, she voluntarily married the 7th respondent in a temple at Tolichowki, Hyderabad and none of the family members from either side have attended the marriage. She stated that she left her parents’ house at Karkhana on 1.8.2009 and stayed in a working Women’s hostel at Yellareddyguda, Hyderabad and joined in a private office at Road No.3, Banjara Hills. She stated that once her family members came to the office where she was working, scolded her in filthy language and took away her gold bangles. Therefore, she decided not to join her family members in future. She also stated that on 6.3.2010, once again her family members came to the hostel where she was staying and threatened with dire consequences, due to which, she shifted her place of stay from Yellareddyguda to another Women’s hostel at Kukatpally and ultimately, she joined her husband, who is working at Pune and started staying with him at Pune. She stated that on 5.6.2010, her younger brother visited her house and started assaulting her husband. When herself and their family friend went to the rescue of her husband, her younger brother assaulted both of them. She is 9th month pregnant and has been under the treatment of a Doctor since 25.4.2010 and admitted in the hospital on 22.1.2011 for delivery and after admitting, she came to know about the pendency of the writ of Habeas Corpus. She further stated that she is voluntarily residing there and the petitioner is unnecessarily interfering with her life. Along with her statement, a doctor certificate about her admission in the hospital and also the birth certificate, wherein it is certified that the alleged detenu delivered a female baby, were furnished. The date of birth of the alleged detenu is on 23.6.1976 and the date of birth of the 7th respondent is 17.8.1984 and they are both majors and they are living as husband and wife on their own volition and desire. We are of the opinion that the petitioner is facing serious family problems with his wife, who is said to have filed divorce and maintenance petitions, which are said to have been decreed, and also the complaint under section 498-A IPC. When the younger sister of the petitioner married the 7th respondent on 3.12.2007 i.e., more than 3 years back, it cannot be said that the petitioner and his family members do not know about the alleged marriage. We do not have any reason to disbelieve the statement of the younger sister of the petitioner, which was recorded on 22.1.2011 by the concerned police when visited Pune. As the statement is accompanied by the certificates about admission in hospital, birth certificate of a female baby, and their passports, we are of the opinion that in order to settle the family disputes, the petitioner has resorted to file the writ of Habeas Corpus without any justification and this writ petition is nothing but abuse of process of law. We do not see any merits in this writ petition. Accordingly, the writ petition is dismissed with exemplary costs of Rs.10,000/- payable to the A.P. State Legal Service Authority. ___________________ Justice V. Eswaraiah _______________________ Justice V. Suri Appa Rao Dated: 1.2.2011 Nn. THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE V. SURI APPA RAO WRIT PETITION NO :31608 of 2010 (Order delivered by the Hon’ble Sri Justice V. Eswaraiah) 1.2.2011