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2025:APHC:1070947

0APHC010574232025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3558]

(Special Original Jurisdiction)

MONDAY,THE TWENTY SECOND DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 29623/2025

Between:

1. K OLLLU VIJAYA LAKSHMI, W/O. KOLLU DURGA CHANDRA RAO,

RESIDING AT DWARAKA TOWERS, BACK SIDE OF SRK INSTITUTE

OF TECHNOLOGY, ENIKEPADU, VIJAYAWADA.

...PETITIONER

AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL

SECRETARY, HOME DEPARTMENT, A P SECRETARIAT,

VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA

PRADESH.

2. T HE DIRECTOR GENERAL OF POLICE, AP POLICE HEAD

QUARTERS, MANGALAGIRI, GUNTUR DISTRICT - 522502.

3. T HE COMMISSIONER OF POLICE, VIJAYAWADA CITY, NTR

DISTRICT.

4. T HE STATION HOUSE OFFICER, PATAMATA POLICE STATION,

PATAMATA, NTR DISTRICT, ANDHRA PRADESH

5. K OLLU DURGA CHANDRA RAO, S/O.NARASIMHA RAO,

R/O.D.NO.67-8-18A ,PATAMATA, VIJAYAWADA,NTR DISTRICT.

6. K OLLU NARASIMHA RAO, S/O.NARASIMHA RAO, R/O.D.NO.67-8-

18 A ,PATAMATA, VIJAYAWADA,NTR DISTRICT. RESPONDENT

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2025:APHC:1070947

NO.5 AND 6 ARE IMPLEADED AS PER C.O.DT.12.11.2025 VIDE

I.A.NO.2 OF 2025 IN W.P.NO.29623 OF 2025.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue a writ of Habeas Corpus directing the authority to produce

before this Honble Court the minor child Kollu Vikramaditya and upon such

production, to hand over his custody to the petitioner/mother forthwith declare

that the continued withholding and forcible custody of the minor child by the

petitioners husband and his family is illegal, arbitrary, unconstitutional,

violation of principles of the Natural Justice, article 300 - A of constitution of

India and violative of the childs welfare and the petitioners rights under Article

21, and contrary to Section 6(a) of the Hindu Minority and Guardianship Act,

1956 and direct the respondents more particularly 3rd and 4th Respondents

to render all necessary police assistance for restoration of custody of the

Minor Child Kollu Vikramaditya to the petitioner and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the petition, the High Court may be pleased to

directing the respondents to secure and produce my minor son, Kollu

Vikramaditya, before this Hon’ble Court and to hand over his custody to me,

and to pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the petition, the High Court may be pleased to

Implead the proposed respondents/respondent No.5 and No.6 on record in

W.P.No.29623 of 2025 and pass

Counsel for the Petitioner:

1. MARADA GOVARDHAN VARMA

Counsel for the Respondent(S):

1. BABUJI TENNETI

2. THE ADVOCATE GENERAL

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2025:APHC:1070947

The Court made the following ORDER:

(Per Sri Justice Cheekati Manavendranath Roy)

This writ petition for Habeas Corpus has been filed by the petitioner

seeking a direction to the respondents police officials to produce the corpus by

name Kollu Vikramaditya, who is a minor child aged about 2 ½ years old

before the Court and deliver his custody to the petitioner.

2. Heard Sri Marada Govardhan Varma, learned counsel for the petitioner,

learned Assistant Government Pleader appearing for the official respondents

1 to 4 and Sri Babuji Tenneti, learned counsel appearing for unofficial

respondents, who are subsequently impleaded as respondents 5 and 6.

3. The petitioner is the legally wedded wife of respondent No.5. They

begot a son by name Kollu Vikramaditya, who is a minor boy aged about 2 ½

years (hereinafter referred to as “the corpus”) during their lawful wedlock.

Both the petitioner and the respondent No.5 has been residing in the house of

respondent No.5 along with their minor son. While so, disputes arose between

the petitione