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2022 Supreme(AP) 881

U. DURGA PRASAD RAO, B. V. L. N. CHAKRAVARTHI
Cheenu Gopi – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kiran Kumar Madira.

Judgement Key Points

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ORDER :

B.V.L.N. Chakravarthi, J.

This Writ Petition is filed under Article 226 of the Constitution of India. It involves a contest between Petitioner and Respondents 6 & 7 over the custody of child born out of wedlock between the petitioner and the deceased daughter of respondents No.6 & 7. The respondents 1 to 5 are State.

2. The petitioner/father has prayed for the following relief :

    (a) Issue a writ, order or direction more particularly one in the nature of the writ of Habeas Corpus declaring that the action of the respondents No.6 & 7 in forcibly detaining the petitioner’s daughter named Cheenu Geethanshi aged 10 months in their custody from 10.08.2022 as illegal,

(b) The inaction of the respondent No.5 in securing the release of the child as unlawful,

(c) Direct the 5th respondent to produce the said child before this Court and set her free by handing over to the petitioner/natural father and guardian and;

(d) Pass such other order or orders as this Court deems fit and proper in the circumstances of the case.

3. The summary of the case of the petitioner/father is as under:

(i) The petitioner’s marriage was solemnized with Kokkiligadda Mounika elder daughter of the respondents Nos.6 &

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