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U. DURGA PRASAD RAO, SUMATHI JAGADAM
Munagala Vishnu, S/o. Munagala Venkateswara Reddy – Appellant
Versus
State of AP, Represented by its Principal Secretary to Home Department – Respondent
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 is
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.
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
Court emphasizes the welfare of the child in custody matters while maintaining jurisdictional limits.
A writ of Habeas Corpus is maintainable in child custody cases where illegal detention is established, prioritizing the child's welfare over parental claims.
The welfare of the child is the paramount consideration in determining custody, and the writ of habeas corpus is maintainable in child custody matters where the detention of a minor child by a parent....
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