HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R.KANTHA RAO W.P.NO.19232 OF 2009 Date:15.09.2009 BETWEEN: Ch.Srikanth Reddy .. Petitioner And The Station House Officer, Vanasthalipuram Police Station, Ranga Reddy District and others .. Respondents HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R.KANTHA RAO W.P.NO.19232 OF 2009 ORAL ORDER: (PER DSRV,J) Heard Sri V.Raghunath, learned Counsel appearing for the petitioner and the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 and 2. 2. This writ of Habeas Corpus petition is filed seeking to produce the alleged detenue viz., Smt. Ashwini, W/o.Ch.Srikanth Reddy, aged about 17 years and three months, Occ: Student, R/o Narayanapur Village and Mandal, Nalgonda District before the Court and record the statement of the detenue and direct the 2nd respondent to register criminal case against the respondents 1 and 3 to 6. 3. The grievance of the petitioner is that his wife, by name Ashwini, was forcibly taken away by the respondents. 4. On the other hand, the contention of the respondents is that the alleged detenue was taken away by the petitioner himself. 5. Upon the direction, the alleged detenue is produced before this Court. When she was questioned by us, she stated that she was forcibly taken away by the petitioner himself in order to marry her and that she was never intended to go along with the petitioner and had any intention to marry him. She further stated that she wants to live with her parents only. Her further statement is that she is a minor and would complete minority in another nine months. 6. Therefore, all these facts establish that the alleged detenue is a minor and she is not willing to go along with the petitioner. There is no positive proof before this Court relating to the factum of any marriage, particularly when the said marriage was denied by the detenue with the petitioner. Even, if there is any such marriage, in view of the denial by the alleged detenue, the same, in normal course, cannot be treated as a valid marriage. However, this shall not be understood as having expressed any opinion on the validity or otherwise of the marriage, if any, performed. This fact is to be established before a proper forum. 7. Therefore, in view of the fact that the alleged detenue is a minor and in view of her specific desire to go along with her parents, we have no other option except to permit her to go along with her father, who is arrayed as respondent No.3. 8. For the foregoing, we find no reason to interfere in the writ petition and the same is devoid of any merit. 9. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. __________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE R.KANTHA RAO Date: 15.09.2009 kvrm/ccm HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R.KANTHA RAO W.P.NO.19232 OF 2009 (PER DSRV,J) DATED: 15.09.2009