Telangana High Court
WP/14382/2009 of E. Laxmana Chary, Vs Station House Officer, on 24 December 2009
SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.14382 of 2009 Date: 24.12.2009 Between : E. Laxmana Chary … Petitioner and Station House Officer, Cheriyal Police Station, Cheriyal Mandal, Warangal District and others. … Respondents THE HON'BLE
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THE HON'BLE SRI JUSTICE D.S.R.VARMA and
THE HON'BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION No.14382 of 2009
Date: 24.12.2009
Between :
E. Laxmana Chary
… Petitioner
and
Station House Officer,Cheriyal Police Station,Cheriyal Mandal,Warangal District and others.
… Respondents
THE HON'BLE SRI JUSTICE D.S.R.VARMA AND
THE HON'BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION No.14382 of 2009
ORAL ORDER: (per the Hon’ble Sri Justice D.S.R.Varma)
Heard learned counsel appearing for the petitioner, the learnedAssistant Government Pleader for Home, appearing for respondent No.1, andalso the learned counsel appearing for respondent No.2.
2. This Writ of Habeas Corpus is filed by the petitioner seeking adirection to the respondents for production of his wife viz., K. Divya before thisCourt and set her at liberty, forthwith.
3. The case of the petitioner is that he married the alleged detenue, byname K.Divya on 16.3.2009 at Arya Samaj, much against the will of the fatherof the alleged detenue, the 3[rd] respondent herein, and a certificate was alsoissued to that effect. Subsequently, the third respondent herein had takenaway his wife K.Divya and forcibly detained her in illegal custody. Therefore,he filed the present writ petition seeking production of his wife before thisCourt.
4. On the last occasion, learned counsel for the petitioner asserted thatthe alleged detenue is very much willing to live with the petitioner andrequested this Court to ascertain from the alleged detenue whether she iswilling to live with the petitioner or not? Therefore, as per the directions of thisCourt, the alleged detenue along with her father is present before this Courttoday. The petitioner is also present before this Court.
5. Upon being questioned in the open Court, the alleged detenuestated that because of the different coercive methods adopted by thepetitioner, which have been detailed in the petition filed before the FamilyCourt, Secunderabad, for nullity of the marriage, she was forced to marry himin Arya Samaj and, in fact, she informed about her unwillingness to thepersons at Arya Samaj, but they did not pay any attention. She further statedthat she was not at all willing to marry much less willing to lead marital lifewith the petitioner. She further asserted that she wants to live with her parentsonly and at present she has been staying with her parents on her own volitionand without any compulsion from any corner.
6. We are not prepared to go into all the details mentioned in thepetition filed before the Family Court, Secunderabad, inasmuch as, it is forthat Court to examine all those details. Admittedly, the alleged detenue is amajor and she has every right to lead a life of her choice. Therefore, we haveno reason to disbelieve the version of the alleged detenue made in the openCourt and this Court cannot compel her to go along with her husband or herparents.
7. For the foregoing, we do not find any merit in the writ petition andthe same is liable to be dismissed.
8. In the result, the writ petition is dismissed, at the stage of admission.No order as to costs.
________________________
JUSTICE D.S.R.VARMA
__________________________
THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE G.CHANDRAIAH
24.12.2009(Msr)