IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.16089 of 2009 Between: M.Samatha W/o. M.Kalayan Kumar, D/o. V.Srinivasa Rao, R/o. H.No.4-91, Niranjana Colony, Bahadurpally, Dundigal Post, Quthbullapur Mandal, Rangareddy district. ..... PETITIONER AND 1 The Govenment of A.P., Rep by its Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director General of Police, Saifabad, Hyderabad. 3 The Commissioenr of Police, Cyberabad Commissionerate, Cyberabad, Ranga reddy District. 4 The Station House Officer, Dundigal P.S. Cyberabad Commissionerate, Cyberabad, Ranga reddy District. 5 M.SATYA SRI W/O. AJAY MATHYU D/O. LATE Subhash Chandra Bose, R/o. Flat No.302 & 305, anuganga Aparts, Old Bowenapally, Hyderabad. 6 M.Suseela Devi, W/o. Late Subhash Chandra bose, R/o. Flat No.302 & 305, anuganga Aparts, Old Bowenapally, Hyderabad. 7 L.Nagabhashanam, R/o. 5-23-35, jayaprakash Nagar, Near R.T.C. Bus Stand, Tenali, guntur district. .....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 any writ, order or direction more particularly a writ in the nature of Writ of HABEAS CORPUS to directing the respondents to produce my husband namely M kalayan Kumar before this Hon'ble Court and handed over to the petitioner by giving polcie protection to her life Counsel for the Petitioner:MR.BOKKA SATYANARAYANA & KAMLA SEELAM B. Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.16089 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 4. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents to produce her husband viz., M.Kalyan Kumar, who was allegedly in the illegal custody of respondent Nos.5 to 7, before this Court and handover his custody to the petitioner along with police protection. 3. The only grievance of the petitioner in this writ petition is that the husband of the petitioner, who is the alleged detenu, left her company and has been living with his mother and sister. 4. At the outset, we are of the strong view that the jurisdiction of this Court under Article 226 of the Constitution of India, particularly in matters like Writ of Habeas Corpus, is subjected to absolute abuse quite often. This is one such typical case and we are not able to comprehend as to how in such circumstances, this Court can interfere and issue a Writ of Habeas Corpus. Obviously, the dis-association of the alleged detenu is because of the internal squabbles between himself and the petitioner and issuance of a Writ of Habeas Corpus is not the appropriate remedy. The alleged detenu, being a major, has every right to live separately as per his will and wish. At the same time, if aggrieved, the petitioner is always at liberty to avail the alternative remedy as provided under law by approaching the competent Court for redressal of her grievance. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed with costs. 6. Accordingly, the writ petition is dismissed, at the stage of admission, with costs of Rs.1,000/- (Rupees one thousand only) to be paid to the Chief Justice Relief Fund. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 06-08-2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.16089 of 2009 06-08-2009 (Msr)