HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.13958 of 2011 Dated: 20-06-2011 Between: Landa Nirmala Petitioner AND The State of Andhra Pradesh, Rep. by its Secretary, Home Department, Secretariat, Hyderabad and others. Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE RAJA ELANGO W.P.No.13958 of 2011 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) Petitioner filed this writ petition seeking a writ of habeas corpus to direct the respondents to produce her son-Master Bhargav before this Court, who is allegedly illegally detained by her husband, 4th respondent. It is stated in the affidavit that the petitioner married the fourth respondent on 1.6.2005 and during their wedlock, they were blessed with a male child by name Bhargav, the alleged detenu. As her husband, 4th respondent developed illegal intimacy with one A.Soudamini and as he was harassing her, she filed a complaint with Kasibugga Police on which basis, a case in Crime No.82 of 2011 was registered under Section 498-A IPC. After admitting the alleged detenu in Narayana Model Residential School at Kutikota, Mandasa Manal, Srikakulam District, the 4th respondent drove her out of his house. Later when she visited the school, she came to know that the 4th respondent relieved the alleged detenu from the said school on 4.4.2011 and has been absconding with the alleged detenu. Though she made a complaint with Kasibugga Police on 10.4.2011, so far, no action has been taken. The Station House Officer, Kasibugga Police Station-3rd respondent herein filed a counter affidavit stating that on the basis of complaint made by the petitioner herein against 4th respondent, a case was registered against the 4th respondent under Section 498-A IPC and after completion of investigation, a charge sheet was filed before the Judicial First Class Magistrate, Palasa in C.C.No.53 of 2011 and the 4th respondent is facing trial. Due to the disputes between the 4th respondent and petitioner, the 4th respondent took away the alleged detenu from the school on 3.4.2011 and since then he is residing at Hyderabad by holding the custody of the alleged detenu. 4th respondent filed a counter affidavit denying the allegations made by the petitioner. Today he is present before this Court along with the minor child. It is represented by the learned counsel appearing for the fourth respondent that the child was again admitted in the said school on reopening of the school and now he is prosecuting his studies in the said school. This Court sitting under Article 226 of Constitution of India cannot decide the issue of custody of the minor child. However, in the circumstances of the case, the Principal of Narayana Model Residential School, Kuntikota Village, Mandasa Mandal, Srikakulam District is hereby directed that whenever the petitioner-mother of the minor child visits the school, she should be permitted to see the child during the visiting hours of the school. 4th respondent is also directed to continue the child in the very same school until the dispute between the parties are settled for custody of the child by the competent family court. The writ petition is accordingly disposed of. No costs. ________________ A. GOPAL REDDY, J. __________________ JUNE 20, 2011 RAJA ELANGO, J. Tsr.