Andhra Pradesh High Court
WP/32808/2025 of Marlapati Kasulu Vs The State of Andhra Pradesh on 25 November 2025
ANDHRA PRADESH : AT AMARAVATI MAIN CASE No: W.P.No.32808 of 2025 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 04. 05.02.2026 CMR, J & GTK, J I.A.No.1 of 2026 Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: W.P.No.32808 of 2025
PROCEEDING SHEET
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ORDER
OFFICE NOTE
04. 05.02.2026 CMR, J & GTK, J I.A.No.1 of 2026
Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for the respondent Nos.1 to 5. None appeared for respondent Nos.6 to 8.
The father of the corpus by name Marlapati Aswitha, who is a minor, filed Writ Petition No.32808 of 2025 seeking writ of Habeas Corpus to produce the corpus before the Court and to give her custody to him. We have ordered the police to produce the corpus before the Court. After considering the documentary evidence produced before the Court and particularly the birth register extract wherein her date of birth was mentioned as 28.07.2008, this Court found that she is aged about 17 years 2 months as on the date of disposing of the said writ petition and that she is a minor. After the Court interacted with the corpus, as she stated that she has married respondent No.6 by name Bodham Sanjiv with whom she is in love, and as she expressed her intention to stay with him only and she refused to accompany her parents and live with them, this Court while disposing of the said writ petition, directed the Station House Officer of Yetapaka Police Station, to keep her in Prajwala JMJ
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Open Shelter for Girls, Vijayawada, till she attains her age of majority as it is not permissible under law to allow her who is a minor to accompany the respondent No.6. Accordingly, she is kept in the custody of the Prajwala JMJ Open Shelter for Girls, Vijayawada, till she attains her age of majority, and the writ petition was disposed of accordingly with the said direction.
Thereafter, the present ‘For Being Mention’ petition is filed by the writ petitioner, who is the father of the corpus, stating that the corpus has now made a written request with the authorities of Prajwala JMJ Open Shelter for Girls, expressing her intention to stay and live with her parents. Therefore, we have directed the concerned to produce the corpus before the Court today.
Accordingly, the In-charge of the said Prajwala JMJ Open Shelter for Girls and the counselor have produced the corpus before the Court today. When questioned, the corpus clearly stated that she has made a written request before the authorities of the Prajwala JMJ Open Shelter for Girls stating that she intends to go to the house of her parents and live with them.
To a pointed question whether she has voluntarily with her free consent has made the said request or it was submitted due to any compulsion from anyone or by force, she has clearly stated that she has with her free will made the said request. Therefore, as she is still a minor at present and as she has now expressed her intention clearly with her free will that she is willing to accompany her parents and live with them in their house, we deem it appropriate to permit her to accompany her
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parents and live with them as her parents are her natural guardians at present till she attains her majority.
Therefore, this ‘For Being Mention’ petition is disposed of with a direction to the In-charge of Prajwala JMJ Open Shelter for Girls and the counselor, who have produced the corpus today before the Court to give the custody of the corpus by name Marlapati Aswitha, who is present before the Court to her parents, who are the petitioner and his wife, who are also present in the Court today, forthwith. The petitioner and his wife, who are the parents of the corpus shall take care of the corpus, who is a minor.
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CMR, J
_______ GTK, J
BMS