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 : 8905 of 2008 Between: Molla Peddavali Bhasha, S/o. Mubu Saheb, R/o. Brahamanapalle Village, Orvakal Mandal, Kurnool district. ..... PETITIONER AND 1. The S.H.O, Orvakal P.S, Kurnool District. 2. Dastagiri @ Raju, S/o.Ramanjaneyulu, aged 22 years, R/o.Brahamanapalle village, Orvakal Mandal, Kurnool District. (2nd respondent is impleaded as per order, dated 01.05.2008, passed in W.P.M.P.No.12509 of 2008) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Habeas Corpus directing the respondent police to produce the detenue Molla Dood Peera, D/o. Molla Peddavali Basha, R/o. Brahamanapalle, Orvakal Mandal, Kurnool district,. before this hon'ble Court to record her statement and to set her at liberty. Counsel for the Petitioner: MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.1: THE ADVOCATE GENERAL Counsel for the Respondent No.2: -- The Court made the following : ORDER; (PER HON’BLE SRI JUSTICE A.GOPAL REDDY) Petitioner-Molla Peddavali Bhasha, father of Molla Dood Peera (alleged detenue) filed this writ of Habeas Corpus alleging that 2nd respondent-Dastagiri @ Raju of Brahamanapalle village, Orvakal Mandal, Kurnool District with the support of his parents and uncle, kidnapped his daughter Molla Dood Peera on 25.03.2008 at 6.30 p.m. On the next day, he gave a complaint to the Station House Officer, Orvakal P.S. regarding the incident. On such complaint, the police apprehended his daughter and 2nd respondent-Dastagiri @ Raju and that when he went to the Police Station and tried to talk with his daughter, the Station House Officer, Orvakal P.S. did not allow him to talk with his daughter and informed that he will perform the marriage of the alleged detenue with 2nd respondent-Dastagiri @ Raju, though she is minor. It is further stated that the date of birth of the alleged detenue is 06.10.1991. Therefore, 1st respondent may be directed to produce his daughter Molla Dood Peera, who is illegally detained by 2nd respondent Dastagiri @ Raju. 2. Heard learned counsel for the petitioner and learned Government Pleader for Home representing Advocate General for the 1st respondent. 3. Today, daughter of the petitioner, Molla Dood Peera and Dastagiri @ Raju (2nd respondent) appeared in the Court. When enquired with the daughter of the petitioner, she stated that she is aged 18 years and fell in love with 2nd respondent-Dastagiri @ Raju, and both of them got married and leading marital life and are residing at Seri Lingampally, Hyderabad. She further stated that she had not been illegally confined by 2nd respondent Dastagiri @ Raju as alleged by her father. She further discloses that after the marriage, when they went to seek the blessings of their parents, her parents did not allow them to enter into the house. Therefore, as there was no other option except to live separately, they started living together at Seri Lingampally, Hyderabad. 4. In view of the statement made by the alleged detenue that she has not been illegally confined and that on her own accord she is residing with 2nd respondent-Dastagiri @ Raju, whom she married. Even as per the date of birth certificate filed by the petitioner, the alleged detenue is more than 16 years and therefore, 2nd respondent- Dastagiri @ Raju is entitled to the custody of his wife, i.e. the alleged detenue. In that view of the matter, this writ petition is liable to be dismissed. 5. Accordingly, the writ petition is dismissed. No costs. ______________ A.GOPAL REDDY, J. ______________________ B.SESHASAYANA REDDY, J. Date:01st May, 2008. Cs/tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, Orvakal Police Station, Kurnool District. 2. 2CCs to the Advocate General, High Court of A.P., Hyderabad (OUT) 3.2CD copies Form-NIC-OGS/WP{LS}