IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH 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.12479 of 2008 Between: Smt. Tarannum Fatima, W/o. Dr. Mohd. Abdul Samad, R/o. H.No. 8-1-366/A/153, Janaki Nagar, Tolichowki, Hyderabad. ..... MOTHER AND 1 The Commissioner of Police, Basheer Bagh, Hyderabad. 2 The Inspector of Police, Station House Officer, WPS CCS, Hyderabad. 3 The Inspector of Police, Golconda Police Station, Hyderabad. 4 Dr. Mohd. Abdul Samad, S/o. Mohd. Abdul Razack, R/o. H.No. 17-3-222/9/10, Imlibun, Yakutpura, Hyderabad. .....RESPONDENTS 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 Writ or direction more particularly one in the nature of Writ of Habeas Corpus directing the respondents to produce Master M.A. Mallik now under illegal detention by the respondent No.4 and to set him at liberty forthwith after declaring his detention as illegal and arbitrary and pass Counsel for the Petitioner: MR.M.A.K.MUKHEED Counsel for Respondent Nos.1 to 3: THE ADVOCATE GENERAL Counsel for Respondent No.4: Mr. Mohd.Zia-ul-Haque The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.12479 of 2008 ORAL ORDER: (per THE HON’BLE SRI JUSTICE D.S.R.VARMA) Heard both sides. 2. As directed earlier, both the petitioner and the fourth respondent, along with the child, are present before this Court today. 3. The petitioner and the fourth respondent are wife and husband, respectively, and the alleged detenu by name M.A.Malik is their child. 4. For the sake of convenience, the petitioner, the fourth respondent and the child will hereinafter be referred to as ‘the mother’, ‘the father’ and ‘the child’, respectively. 5. A certiﬁcate, dated 10.07.2008, issued by one Dr.Rajneesh R.Murkey has been pressed into service by the mother. It appears, he is the Doctor who attended the child at the time of his birth. As per the said certiﬁcate, the child, who is presently in custody of the mother, is keeping very good health and gained considerable weight also. 6. It is reported that the case registered against the father of the child, under Section 498-A I.P.C., and also the proceedings, under Section 125 Cr.P.C., initiated by the mother, are pending as of date. 7. On the other hand, a petition (O.P.,) has been ﬁled by the father, seeking custody of the child, during the pendency of the present writ petition. 8. In view of the said certiﬁcate, issued by the Doctor, and also the attachment between the mother and the child, existing as of date, we do not like to disturb the present situation. 9. However, having regard to the facts and circumstances of the case, especially in view of the association of the father that had been enjoyed by the child for quite some time, we feel it expedient to permit the father to visit the house of the mother and spend two hours time with the child between 09.00 am., and 01.00 pm., on every Saturday. The said facility has to be availed by the father only after prior intimation to the residence of the mother. 10. We do not ﬁnd any reason to accept the apprehensions expressed by the mother as regards the alleged possibility of creating unpleasant situation by the behaviour of the father. In such an event, it is needless to say that the mother has every liberty to avail the remedies available under law. 11. The aforesaid arrangement is only pending disposal of the O.P., ﬁled by the father, seeking custody of the child. 12. In fact, this Court, in a writ of Habeas Corpus, need not interfere about the custody of the child. However, as already stated, in the best interest of the child, we are forced to delve into the merits of the case before passing the present order. 13. However, the trial Court shall adjudicate and pass orders in the O.P., which pertains to the custody of the child, ﬁled by the father, uninﬂuenced by the observations made, if any, in this writ petition. 14. With the above observations and directions, the writ petition is disposed of. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE K.C.BHANU 29TH JULY 2008 DR ..... REGISTRAR // TRUE COPY // SE-*CTION OFFICER To 1 The Commissioner of Police, Basheer Bagh, Hyderabad. 2 The Inspector of Police, Station House Officer, WPS CCS, Hyderabad. 3 The Inspector of Police, Golconda Police Station, Hyderabad. 4 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 5 2CD copies