IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 22188 of 2008 Between: Kola Kesava Kumar, S/o. Ranga Rao, Hindu, R/o. Devarapalli Village & Mandal, West Godavari District. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad, Hyderabad District. 2 The Superintendent of Police, West Godavari District, Eluru 3 The Deputy Superintendent of Police, Kovvuru, West Godavari District. 4 The Station House Officer, Devarapalli Police Station, West Godavari District. 5 The Station House Officer, Sanjeevareddynagar Police Station, Hyderabad. 6 Mr. G.D. Anand, S/o. G. Doraswamy, Hindu, R/o. SRT 210, near B.K.Guda Park, S.R.Nagar, Hyderabad. 7 Smt. Hymavathi @ Usha, W/o. not known, Hindu, R/o. C/o. Sri G.D. Anand, SRT 210, near B.K.Guda Park, S.R.Nagar, Hyderabad. 8 Sri A. Venkatanarayana @ Venkat, W/o. not known, Hindu, R/o. C/o. Sri G.D. Anand, SRT 210, near B.K.Guda Park, S.R.Nagar, Hyderabad. .....RESPONDENT(S) 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 to issue a writ of Habeas Corpus or any other appripriate writ, order or direction by directing the respondents to produce Smt. K.A. Haritha, who is a minor and in illegal custody of respondents 4 to 8 before this Hon'ble court forthwith and handover her to the petitioner's custody and pass Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.22188 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled by the husband, Kola Kesava Kumar seeking direction to the respondents to produce his wife Smt. K.A.Haritha, and handover her physical custody to him. 2. When the writ petition was listed on 10-10-2008, learned Advocate General took notice for oﬃcial respondents and sought time for obtaining instructions and this Court further directed the 4th and 5th respondents to ensure the presence of respondents 6 to 8, including the wife of the petitioner, Smt. K.A.Haritha. Pursuant thereto, fourth and ﬁfth respondents are present before this Court and produced Smt. K.A.Haritha, alleged detenue, before us. Respondents 6 to 8 are also present before this Court. 3. We have interviewed the alleged detenue, Smt. K.A.Haritha in the Chambers in the presence of Sri K.Chidambaram, learned counsel for the petitioner, learned Assistant Government Pleader representing learned Advocate General and Sri O.Kailashnath Reddy, learned counsel for the unofficial respondents, and recorded the sworn statement of Smt. K.A.Haritha. Her sworn statement is taken on record. 4. Smt. K.A.Haritha, alleged detenue, has categorically stated that she is willing to stay with her parents and that though she had expressed her willingness to join her husband before the Division Bench-II, in view of the subsequent developments, she wants to stay with her parents. She had also sought permission to go back to her parents. In view of the categorical statement of the alleged detenue, she cannot be compelled to go back to the petitioner and she is at liberty to join her parents. 5. In the above circumstances, the writ petition is closed. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 13-10-2008 bsc