IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY 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.14842 of 2008 Between: Addanki Rama Krishna, S/o.Sitaramaiah, R/o.Bellamkondavari Dibba, Mandapakala village, Koduru Mandal, Krishna District. ..... PETITIONER AND 1 The Superintendent of Police, Krishna District, Machilipatnam. 2 The Station House Officer, I Town Police station, Vijayawada, Krishna District. 3 The Station House Officer, Koduru Police station, Vijayawada, Krishna District. 4 The Integrated Child Development Centre, rep.by its Project Officer, Vijayawada. 5 Sri M.Venkata Basavaiah, S/o.Not known R/o.Bellamkondavari Dibba, Mandapakala village, Koduru Mandal, Krishna 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 a writ order or direction one the nature of writ of Habeas corpus directing the respondents to produce Smt. A.Bhavani who is in illegal, custody of the respondents 2,3, and 5 forthwith before this Hon`ble Court set her free and allow her to join with the petitioner and pass Counsel for the Petitioner : MR.K.CHIDAMBARAM Counsel for the Respondent No.1 to 4 : THE ADVOCATE GENERAL Counsel for the Respondent No.5 : -------- 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.14842 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 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 to direct the respondents to produce his wife viz., Smt. A.Bhavani, who is in illegal custody of respondent Nos.2, 3 and 5. 3. The complaint of the petitioner in this writ petition is that he married the girl viz., Smt. A.Bhavani, who is a minor and daughter of the fifth respondent, on 11-03-2008 at Pandurangaswamyvari Temple, Chilakalapudi, Machilipatnam. Thereafter, basing on a complaint made by the fifth respondent-father, a case in Crime No.25 of 2008 for the offence under Section 363 read with Section 34 of Indian Penal Code was registered and the petitioner was arrested and released on bail. As the minor girl, who is allegedly the wife of the petitioner and daughter of the fifth respondent, refused to join her parents, she was produced before the Additional Judicial First Class Magistrate, Avanigadda, who inturn referred her to the fourth respondent-Integrated Child Development Centre, and accordingly, the minor girl was admitted in Jyothi Women’s Hostel (Short Stay Home), Vijayawada, from where she escaped and allegedly found in the company of the petitioner-husband. It is the further grievance of the petitioner that at the instance of the fifth respondent- father, respondent Nos.2 and 3 gave custody of the minor girl to the fifth respondent-father and presently she has been in the custody of the fifth respondent-father. Hence the present writ petition. 4. It is the contention of the learned counsel for the petitioner that since the minor girl married the petitioner and allegedly a pregnant as on today, she should be handed over to the petitioner, being her husband. 5. Admittedly, the girl is a minor. The factum of her marriage being performed with the petitioner is not proved, nor it is for this Court to express any view about the factum of the marriage being performed between the minor girl and the petitioner. 6. It is the strenuous contention of the learned counsel for the petitioner that being the husband of the girl, the petitioner has every right to have the custody of the girl, though she is minor. But, we are of the view that the girl, being a minor, notwithstanding the fact that she allegedly married the petitioner, cannot be given custody to the petitioner. It is the right and duty of the parents i.e., the fifth respondent-father to have the custody of the minor girl. 7. Therefore, this Court is, prima-facie, of the view that the minor girl, who is allegedly in the custody of the fifth respondent-father, cannot be veined away from the custody of the fifth respondent-father and be kept in the custody of the petitioner. It is not at all desirable in view of the fact that the alleged marriage between the petitioner and the minor girl is not established, nor the petitioner is in the custody of the minor girl as of date. 8. Furthermore, it is to be seen that already a complaint had been lodged by the fifth respondent-father of the minor girl against the petitioner for the offence punishable under Section 363 read with Section 34 I.P.C. If the petitioner has any grievance, in this regard, he has to approach the competent Civil Court seeking custody of the minor girl. 9. Therefore, suffice to close the writ petition leaving it open to the petitioner to approach the competent Civil Court seeking custody of the minor girl. 10. It is clarified that the observations made above shall not be understood as the findings of this Court. If either of the aggrieved party approaches seeking redressal of their grievance, the competent Civil Court shall address the questions raised before it in accordance with law and uninfluenced by the observations made by this Court. 11. With the above observations and directions, the writ petition is closed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 15-07-2008 NOTE : Issue C.C. in three days. (B/O) Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Krishna District, Machilipatnam. 2 The Station House Officer, I Town Police station, Vijayawada, Krishna District. 3 The Station House Officer, Koduru Police station, Vijayawada, Krishna District. 4 The Integrated Child Development Centre, rep.by its Project Officer, Vijayawada. 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.14842 of 2008 15-07-2008 (Msr)