IMPORTANT POINT
A writ of habeas corpus in matrimonial matters requires clear evidence of a valid marriage and cannot be granted if the petitioner faces criminal allegations related to the marriage.

ORDER :

(U. Durga Prasad Rao, J.) :

This habeas corpus writ petition presents peculiar facts and competing interests of the petitioner and one Rangidi Sai Sriya on one hand and the 6th respondent who is the father of the aforesaid girl on the other.

2. The petitioner’s case is thus:

(a) The petitioner is a resident of Navavikas Centre, Vengala Rao Nagar, Kavali, SPSR Nellore District. He claims that Rangidi Sai Sriya is the daughter of the 6th respondent and both of them are residing in the same locality and they fell in love with each other. Even though his parents accepted for their marriage, the 6th respondent did not agree for the said proposal in spite of the request made by the petitioner and his elders. However, Rangidi Sai Sriya loved him and wanted to marry him even against the wish of her parents and other family members. His further case is that on 26.10.2023 at 10:00 hours both of them went to Janardhan Swamy Temple at Kandukur and married as per Hindu Rites and Customs in the presence of some of his family members and friends.

(b) Later both of them went to house of his paternal uncle Sri Krishna Reddy at Kandukuru. Knowing these incidents, the 6th respondent started issuing threatening calls to the petitioner and his family members. Therefore, the petitioner and his wife Rangidi Sai Sriya went to 5th respondent on 27.10.2023 sought for protection. Respondent 3 advised Rangidi Sai Sriya to stay at women’s hostel, Kavali for a period of 2 days till the things are settled. However, to the utter surprise and shock of the petitioner, a false case was registered in Crime No.96/2023 against the petitioner on 31.10.2023 U/s 417, 420, 376, 506 r/w 34 IPC and Section 3(1)(r)(s), 3(1)(w)(ii) and 3(2)(v) of SC ST POA Act on the complaint given by one Thrisha Gaddam on the allegation that the petitioner on the false promise of marriage, committed rape on her. The petitioner was arrested and remanded to judicial custody on 04.11.2023. He moved bail application before Special Judge for Trial of Offences Under SCs & STs (POA) Act-cum-V Additional District & Sessions Judge, Nellore and same was dismissed on 23.11.2023. The petitioner is proposing to file another bail application. The said complaint was filed in order to threaten the petitioner and somehow to compromise the matter before him and 6th respondent. However, his wife Rangidi Sai Sriya did not wish to go to her parents and she is residing in her maternal grandmother’s house. Despite pressure from her parents, she was not intending to go to them. She sent messages to petitioner’s sister Lakshmi Soundarya to take her back to matrimonial home. Petitioner’s father went to the house of the 6th respondent and requested them to send Rangidi Sai Sriya to their house but the 6th respondent refused to send his daughter to the matrimonial home. While so, petitioner came to know that the parents are trying to perform her marriage with some other person forcibly.

Hence the writ petition to direct the 6th respondent to produce Rangidi Sai Sriya who is in his illegal custody.

3. The 4th respondent filed counter opposing the writ petition contending thus:

(a) The enquiries of the police revealed that the antecedents that the petitioner is a resident of Vengalrao Nagar of Kavali Town. He came to know that one Rahana resident of Vengalrao Nagar living by doing tailoring work gave a complaint against the petitioner which was registered as Crime No.148/2023 U/s 417, 420, 506 r/w 34 IPC. The allegations are that earlier she married one Golla Macherla and they begot two children. Her husband died and taking advantage of her lonely position, the petitioner has deceived her on a false pretext of love and promise to marry her. As she was a lonely lady she accepted his proposal and he married her by tying the scared thread to her. Since then both are living together. Her children are treating him as father.

(b) While so, the petitioner took an amount of Rs.10 lakhs and 10 Sovars of gold from her