THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE V SURI APPA RAO Writ Petition No. 8569 of 2011 DT.30.3. 2011 Between: Smt Amathul Khayyum … Petitioner And Station House Officer, Saidabad P.S., Hyderabad and another … Respondent Counsel for the Petitioner: Sri Ch.Dhanmjaya Counsel for respondent: Advocate General The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE V SURI APPA RAO Writ Petition No. 8569 of 2011 ORDER : (Per Sri V Eswaraiah,J) The present writ petition of hebeas corpus is filed seeking a direction to the respondents to produce alleged detenue minor girls viz., Aska Thabassum aged about 11 years, Neha Thabassum aged about 9 years and Ruhi Thabassum aged about 7 years, who are stated to be in the illegal custody of second respondent herein who happens to be step mother of alleged detenue. In the affidavit filed in support of the writ petition, it is stated that alleged detenue are minors and grand daughters of the petitioner herein. That his daughter got married Mr. Manzoor Ahmed and out of the wedlock they begot three children/alleged detenue and that due to ill health of his daughter, her son-in-law Mr Manzoor Ahmed married the second respondent as second wife. It is further stated that Mr.Manzoor Ahmed is presently employed in Oman and residing there and presently the alleged detenue are living with their step mother/second respondent, who is stated to be harassing the alleged detenue both mentally and physically. It is further stated that petitioner received a telephone call from first alleged detenue/Aska Thabassum on 6.3.2011 stating that they are suffering torture in the hands of second respondent and cannot stay with her and that there is likelihood of thereat to their life at the hands of second respondent. That on 7.3.2011 she complained the same to the first respondent/Station House Officer, who called the second respondent and the alleged detenue and they entered into a settlement and the petitioner herein was permitted to take away the minor children and look after their welfare and that when she came out of the police station and while she was taking the minor to her native place, it is alleged that the second respondent and her henchmen forcibly took away the minor children. It is further alleged that ever since 7.3.2011 whereabouts of minor children are not known to the petitioner and petitioner apprehends torture and threat to the life of minor children at the hands of second respondent. Heard the learned counsel for petitioner and learned Assistant Government Pleader attached to the office of learned Advocate General. Admittedly, the petitioner herein is not a guardian of the minor children and it is also not her case that she made any complaint about the torture stated to have been made by the second respondent on minor children to the police and that no action is taken by the police thereon. Along with the writ petition no such copy of complaint is filed. In such circumstances, it cannot be said that the alleged detenue are in the illegal custody of second respondent, who is none other than their step mother. It is only a family dispute and filing of the writ petition is nothing but an abuse of process of law. For the foregoing reasons, we are of the considered opinion that there are no merits in the writ petition and accordingly, the same is dismissed. No costs. ________________ V ESWARAIAH,J ____________________ V SURI APPA RAO,J DATE:30.3.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE V SURI APPA RAO Writ Petition No.8569 of 2011 DT.30.3. 2011