IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.17810 of 2009 Between: V.Bharathi … Petitioner And 1. The Government of Andhra Pradesh through the Secretary, Home Department, Secretariat, Hyderabad. 2. The Station House Officer, P.S.Hyathnagar, Cyberabad, R.R.District, Andhra Pradesh. 3. M.Sai Sri Sankar. … Respondents The Court made the following: HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.17810 of 2009 ORAL ORDER: - (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing learned Advocate General, appearing for respondents 1 and 2. 2. The grievance of the petitioner, in this writ petition, is that the grand son of the petitioner viz., Master M.Naga Manohar, was illegally taken away from his custody and hence seeks issuance of writ of Habeas Corpus. 3. It appears that the petitioner is the maternal grand parent of the child Naga Manohar, who is studying 5th class. It is the further averment that since his childhood, the alleged detenu has been with the petitioner only. Subsequently, there was an arrangement between the parents of the child. It is the further averment that the child was taken away from his father forcibly and hence seeks a writ of Habeas Corpus. 4. Settled law is that the paramount interest is that of the child and as per the statute the natural guardian is father, until and unless he is declared as incompetent for various reasons. It is not the case that the father is incompetent in any manner to have the custody of the child. However, the fact remains that the custody of the child, from the beginning has been with the petitioner. In this regard, we sought the presence of the child, in order to ascertain his wish, keeping in view his age, who is aged about 10 years. 5. Upon being questioned, the child expressed his desire to stay with the mother and maternal grand parents in the week days and once to have the company of the father in the week ends i.e., on Saturday and Sunday. It is further expressed by the boy that he would stay with his mother and grand parents half of the time in Dassera, Pongal and Summer Vacation. That apart, he expressed his desire to go to the mother and grand parents for a day or two, if he wants to see the mother and grand parents. 6. Having regard to the flexible attitude of the boy, as well as both the parties, we are of the view that the interest of the child, in all respects, would be better safeguarded by giving effect to the wish of the child. 7. Accordingly, the respondent – father can have the custody of the child after the school hours of the child on Saturday till evening of Sunday every week and further the father is entitled to have the custody of the child for half of the days in Dassera, Pongal and Summer vacation, as per the wish of the boy. 8. The maternal grand mother – V.Bharathi, who lodged a complaint before the police, which was numbered as Crime No.431 of 2009 of Hayathnagar Police Station, agreed to withdraw the same. 9. With the above observations and directions, the writ petition is closed. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 03-09-2009. Lmv