HIGH COURT FOR THE STATE OF TELANGANA *****

WRIT PETITION No.12622 of 2024 WRIT PETITION No. 12622 of 2024 Between Maria Sultana, W/o. Mohammed Abdul Muqthadeer Khan ..Petitioner AND The State of Telanagana, rep by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad, Telangana State and others ... Respondents DATE OF ORDER PRONOUNCED: 02.05.2024 SUBMITTED FOR APPROVAL THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SAMBASIVA RAO NAIDU

1) Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes/No

2) Whether the copy of judgment may be marked to Law Reporters/Journals Yes/No

3) Whether His Lordship wishes to see the fair copy of the Judgment? Yes/No __________________ P.SAM KOSHY, J _____________________________

SAMBASIVA RAO NAIDU, J THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SAMBASIVA RAO NAIDU + WRIT PETITION No.12622 of 2024 % Date: 02.05.2024 Between:

Maria Sultana, W/o. Mohammed Abdul Muqthadeer Khan ..Petitioner AND The State of Telanagana, rep by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad, Telangana State and others ... Respondents ! Counsel for the Petitioner : Mr. P. Krishna Prakash ^ Counsel for Respondent Nos.1 to 6 : The Advocate General ^ Counsel for the Respondent Nos.7 to 11 : --

> HEAD NOTE:

? Cases referred

1 (2019) 7 Supreme Court Cases 42

1 1981 LawSuit(All)375

1 AIR 1988 Kerala 30 THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE JUSTICE SAMBASIVA RAO NAIDU WRIT PETITION No.12622 OF 2024 ORDER:(per Hon’ble Sri Justice P.SAM KOSHY Heard Mr.P.Krishna Prakash, learned counsel for the petitioner and Mr.Swaroop Oorilla, learned Special Government Pleader appearing for the respondent Nos.1 to

6. Perused the material available on record.

2. The instant is a writ petition which has been filed seeking for issuance of writ in the nature of Habeas Corpus directing the respondent/police authorities ensuring the production of the minor daughter of the petitioner viz., Musfira Amal, aged around 3 years and 10 months before this Court and thereafter restore the custody of the said minor child to the petitioner who is the natural guardian/biological mother of the minor child.

3. From the pleadings that are available on record what clearly culls out is that the marriage between the petitioner and 7th respondent took place on 15.08.2019 at Hyderabad. At the time of marriage, the 7^th respondent, the husband of the petitioner was working in Dubai.

Subsequent to the marriage, the petitioner went along with respondent No.7 and were residing in Dubai. While they were staying in Dubai as husband and wife, the minor child viz., Musfira Alam was born on 03.06.2020. However, since the child developed certain medical complications, for better treatment the petitioner and the minor child came to India on 12.06.2023.

4. It is said that on 16.06.2023, the 11^th respondent who is the brother of the 7th respondent, on the pretext of taking the child for a ride took the child from her custody and since then the child was not returned back to the petitioner. Inspite of all efforts, negotiations and persuasions, the child continued to remain with the custody of the close relatives of the 7^th respondent i.e., in the custody of respondent Nos.8 to 11. In between the petitioner herein has also lodged a complaint with the police authorities so far as the 11th respondent having illegally taken away the child from the mother’s custody. It is said that there has been no progress on the said complaint. Subsequently, the petitioner also has filed a complaint under the Domestic Violence Act, before the Metropolitan Magistrate, Hyderabad in the month of October 2023. The same has been registered and after taking cognizance, the summons also has been issued to the respondent therein. The said complaint case has been registered as D.V.C.No.40 of 2024. The petitioner continued her persuasion with the respondents in getting the custody of the child back, b