IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9044 of 2008 Between: Smt. Somadula Anuradha, W/o. Somadula Hemanth Kumar, R/o. 10th Ward, Near Saibaba Temple, Bhimavaram, West Godavari Dist. ..... PETITIONER AND 1 The Superintendent of Police, West Godavari District. 2 The Station House Officer, Bhimavaram I Town P.S., Bhimavaram, West Godavari District. 3 Somadula Suri Babu, Railway Employee, R/o. Quarter No.123/C, Railway Quarters, Bhimavaram, West Godavari District. 4 Bangaru Lakshmanarao, S/o. Anandam R/o.Chinnaranganipalem Puntha, 10th Ward, Bhimavaram, West Godavari District. .....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 issue writ of Habeas Corpus directing the respondents to produce the petitioner husband by name Sri Somadula Hemanth Kumar detained by 4th respondent before this Hon'ble Court and handed over to the petitioner Counsel for the Petitioner: MR.T.V.V.KOTESWARA RAO Counsel for Respondent Nos.1 and 2: THE ADVOCATE GENERAL Counsel for Respondent Nos.3 and 4: None appeared The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) The petitioner claiming to be the wife of one Somadula Hemanth Kumar filed this writ of habeas corpus alleging that the 3rd respondent and his family members with an intention to separate her from her husband had taken away him under the protest of providing employment to him and since then he is under their custody. It is stated in the affidavit filed in support of the writ petition that when respondent Nos. 3 and 4 are trying to perform another marriage to the petitioner’s husband, she filed Writ Petition No. 8370 of 2007 seeking a direction to the 3rd respondent to produce her husband, which was disposed of directing the respondents not to interfere with the conjugal life of the petitioner. After disposal of the above writ petition, the 4th respondent, who is the supporter of the 3rd respondent confined her husband somewhere and when the same was brought to the notice of the official respondents to trace him out, they refused to take action. Respondent Nos.3 and 4 with a mala fide intention filed O.P No.79 of 2007 before the learned Senior Civil Judge, Bhimavaram for dissolution of the marriage of the petitioner with her husband without free will of her husband. Therefore, her husband should be directed to be produced before this Court by the 4th respondent. One Neelapu Vijayalakshmi filed a criminal miscellaneous petition before the II Additional Judicial First Class Magistrate, Bhimavaram under Section 97 Cr.P.C, who by order dated 06-11-2007 allowed the said petition appointing one Sri T. Ganga Raju as advocate Commissioner to search the lodge in which the 2nd respondent therein viz., Neelapu Anuradha is alleged to have been confined and produce her before the Court. In obedience of the said order, the advocate Commissioner produced the 2nd respondent Neelapu Anuradha and the alleged detenue Hemanth Kumar and the learned Magistrate interrogated them, wherein Neelapu Anuradha stated that she married the alleged detenu and she is willing to go along with him and since then they are living together. In view of the same, the contention of the petitioner that her husband has been illegally detained by respondent Nos.3 and 4 cannot be accepted. That apart, respondent Nos.3 and 4 filed O.P No. 79 of 2007 seeking dissolution of the marriage. In view of the same, the petitioner can contest the said OP or can move the civil Court under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. Since Somadula Hemanth Kumar, the alleged detenu is not illegally detained and is moving freely, we see no ground to entertain the writ petition. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 01-05-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, West Godavari District. 2 The Station House Officer, Bhimavaram I Town P.S., Bhimavaram, West Godavari District. 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies.