IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 13342 of 2009 Between: Mohd Abudl Faheem S/o Mohd Abdul Salam H.No.8-1-402/34 White House Gulshan Colony,Seevn Tombs,Tolichowki Hyderabad ..... PETITIONER AND 1 The Commissioner of Police Basheerbagh,Hyderabad 2 The Inspector of Police Habeeb Nagar P.S Hyderabad 3 Smt. Syeda Dina Muneer W/o. Waseemuddin Ahmad H.No.11-3-166 Mallepally Hyderabad 4 Syed Asim Rasool S/o not known to the petitioner H.No.11-3-166 Mallepally 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 writ or direction more particularly one in the nature of writ of Hebeas Corpus directing the respondents to produce Baby Aisha Erum now under illegal detention by the respondents No 3 & 4 to set her at liberty forthwith after declaring her detention as illegal and arbitrary and pass Counsel for the Petitioner:MR.M.A.K.MUKHEED Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR W.P.No.13342 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed seeking a writ of Habeas Corpus to direct the respondents to produce Baby Aisha Erum, who is under illegal detention of respondents 3 and 4, and to set her at liberty forthwith after declaring her detention, as illegal and arbitrary. Admittedly the petitioner is the husband of the third respondent. The marital life ended in divorce. The petitioner already approached the family court by filing F.C.O.P. No.662 of 2005 on the file of the Judge, Family Court, Hyderabad, wherein the said Court has granted visiting rights while confirming the custody of the baby with the third respondent. The grievance of the petitioner is that the baby is with the fourth respondent, who is father of the third respondent. In this matter, the question of invoking jurisdiction of writ of habeas corpus does not arise, as the baby is not illegally detained. Hence, the writ petition is dismissed. But however, if any changed circumstances exist, it is open for the petitioner to seek for the variation of the order from the Family Court. No costs. ____________________ GHULAM MOHAMMED,J _____________________ VILAS V. AFZULPURKAR 08-07-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}