IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 6786 of 2008 Between: Malaji Nagarjuna S/o.M.Veera Raghavulu Andhra Pradesh Pollution Control Board, Sanathnagar, Hyderabad - 500 018. ..... PETITIONER AND 1 K.Swaroopa Rani D/o.Kancherla Babu Rao R/o.298/1-3, H/o. Srinivas Yadav, Tank Lane, Near New Bus Stand, Bethemcherla (V&M), Kurnool District. 518 599. 2 The Station House Officer, Bethemcherla Police Station, Bethemcherla (V&M), Kurnool District. 518 599. 3 The Commissioner of Police, Vijayawada, Krishna District. 4 The Superintendent of Police, Machilipatnam, Krishna District. 5 The Director General of Police, Lakdikapool, 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 issue a Writ, order or direction more particularly one in the nature of Writ of Habeas Corpus or any other writ directing the Respondents to produce my minor son by name Mr.Manaji Umachand Nirmal, aged about 8 years, S/o.K.Swaroopa Rani, D/o. Kancherla Babu Rao, Aged about 33 years, Occupation: Teacher, R/o. 298/1-3, H/o. Srinivas Yadav, Tank Lane, Near New Bus Stand, Bethemcherla (V&M), Kurnool District and record the statements of the 1st Respondent and the Minor boy with regard to his whereabouts to enable me proceed further claiming his custody at proper court and pass such other order or orders. Counsel for the Petitioner : MR. D.SURESH KUMAR Counsel for the Respondent No.1 : MR. P.N. MURTHY Counsel for the Respondent Nos.2 to 5 : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.6786 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned counsel appearing for respondent No.1 and also the Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.2 to 5. 2. The grievance of the petitioner in this writ petition is that the whereabouts of his son viz., Mr. Manaji Umachand Nirmal, aged about 8 years, is not known, inasmuch as, he is a divorcee and his erstwhile wife left his company along with the child by virtue of the decree of divorce granted by the competent Court. For the past six years he is unable to contact his erstwhile wife and he does not know the whereabouts and welfare of his son. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Bethemcherla Police Station, Kurnool District, representing the second respondent herein, stating that the ﬁrst respondent herein, who is the erstwhile wife of the petitioner, since was suﬀering from Cancer, the petitioner obtained divorce about six years ago and after the decree for divorce was passed by the competent Court, she left the company of the petitioner along with the minor child and has been living with her parents. 4. It is not in dispute that the petitioner knows the address of his erstwhile wife/ﬁrst respondent herein. It is not for this Court to direct the concerned to investigate the whereabouts of the minor child and handover his custody to the petitioner. Obviously, as stated in the counter aﬃdavit, the child is in the custody of the mother/ﬁrst respondent herein. Of course, because of her treatment for Cancer, for the time being the child is in the custody of her parents. 5. Therefore, we reiterate that it is not for this Court to investigate all further details and furnish the particulars to the petitioner. Particularly, when it is known to the petitioner that the child is in the custody of the mother, the question of illegal detention does not arise. 6. In view of the said facts and for the foregoing, we do not ﬁnd any merit in the writ petition and the same is liable to the dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. 8. However, it is made clear that the petitioner is always at liberty to approach the competent Civil Court and seek the relief of custody of the child, in accordance with law. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Bethemcherla Police Station, Bethemcherla (V&M), Kurnool District. 518 599. 2 The Commissioner of Police, Vijayawada, Krishna District. 3 The Superintendent of Police, Machilipatnam, Krishna District. 4 The Director General of Police, Lakdikapool, Hyderabad. 5. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 6. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.6786 of 2008 04-09-2008 (Msr)