THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14382 of 2009 Date: 24.12.2009 Between : E. Laxmana Chary … Petitioner and Station House Officer, Cheriyal Police Station, Cheriyal Mandal, Warangal District and others. … Respondents THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14382 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner, the learned Assistant Government Pleader for Home, appearing for respondent No.1, and also the learned counsel appearing for respondent No.2. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents for production of his wife viz., K. Divya before this Court and set her at liberty, forthwith. 3. The case of the petitioner is that he married the alleged detenue, by name K.Divya on 16.3.2009 at Arya Samaj, much against the will of the father of the alleged detenue, the 3rd respondent herein, and a certificate was also issued to that effect. Subsequently, the third respondent herein had taken away his wife K.Divya and forcibly detained her in illegal custody. Therefore, he filed the present writ petition seeking production of his wife before this Court. 4. On the last occasion, learned counsel for the petitioner asserted that the alleged detenue is very much willing to live with the petitioner and requested this Court to ascertain from the alleged detenue whether she is willing to live with the petitioner or not? Therefore, as per the directions of this Court, the alleged detenue along with her father is present before this Court today. The petitioner is also present before this Court. 5. Upon being questioned in the open Court, the alleged detenue stated that because of the different coercive methods adopted by the petitioner, which have been detailed in the petition filed before the Family Court, Secunderabad, for nullity of the marriage, she was forced to marry him in Arya Samaj and, in fact, she informed about her unwillingness to the persons at Arya Samaj, but they did not pay any attention. She further stated that she was not at all willing to marry much less willing to lead marital life with the petitioner. She further asserted that she wants to live with her parents only and at present she has been staying with her parents on her own volition and without any compulsion from any corner. 6. We are not prepared to go into all the details mentioned in the petition filed before the Family Court, Secunderabad, inasmuch as, it is for that Court to examine all those details. Admittedly, the alleged detenue is a major and she has every right to lead a life of her choice. Therefore, we have no reason to disbelieve the version of the alleged detenue made in the open Court and this Court cannot compel her to go along with her husband or her parents. 7. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 8. In the result, the writ petition is dismissed, at the stage of admission. No order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 24.12.2009 Msr THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14382 of 2009 24.12.2009 (Msr)