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2025 Supreme(Online)(Tel) 45434

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA,THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
Shaik Babul Saheb – Appellant
Versus
The Stale of Telangana – Respondent
WP 24704/2025



THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION NO.24704 OF 2025 ORDER: (Per Hon’ble Justice Gadi Praveen Kumar)

1. Heard Sri Shaik Madar, learned counsel appearing for petitioner and Sri Swaroop Oorilla, the learned Special Government Pleader representing the learned the Advocate General for the respondent Nos.1 to 4.

2. The present Writ Petition is filed seeking a Writ of Habeas Corpus directing the respondents to produce the petitioner’s wife, namely, Banoth Nandini @ Shaik Naziya, aged about 25 years, R/o. Anjanapuram Village, Morampally Banjara Gram Panchayat, Burgampahad Mandal, Bhadradri-Kothagudem District, before this Court and set her at liberty.

3. The petitioner contends that the petitioner and his wife (the alleged detenue) fell in love while they were studying B.Tech and married on 24.02.2025, as per Islamic rites and customs at a Masjid in Vallapuram Village, Nadigudem Mandal, Suryapet District. On 28.06.2025, at the request of the parents of the alleged detenue, the petitioner and the alleged detenue went to Khammam, where the parents of the alleged detenue met them and took the alleged detenue to their village under the guise of festivals. The petitioner suspected foul play. On 29.06.2025, the petitioner along with his mother and younger brother visited the house of the alleged detenue’s parents and requested them to send the alleged detenue back to their house. However, the parents and sisters of the alleged detenue along with the villagers picked up a quarrel with them, refused to send the alleged detenue back. Hence, the present Writ Petition.

4. This Court, on 20.08.2025, directed the learned Special Government Pleader to produce the alleged detenue before this Court on 22.08.2025.

5. In compliance with the said order, the learned Special Government Pleader has produced the alleged detenue before this Court on 22.08.2025. The proceedings were conducted ‘In- Camera’. We have interacted separately with the alleged detenue, the petitioner, and the mother and sister-in-law of the alleged detenue.

6. During the course of the interaction, the alleged detenue stated that she fell in love with the petitioner about four years ago while they were pursuing their B.Tech course and they married on 24.02.2025. The alleged detenue further stated that her parents never forced her to stay at their house or marry another person, contrary to the petitioner’s allegations. The alleged detenue voluntarily admitted that due to certain concerns regarding her husband, she wanted to stay with her parents for a while to give him some time to reform.

7. We have also interacted with the petitioner. During the course of interaction, the petitioner stated that he was disturbed since his wife is staying with her parents and not returning to their house, thereby instituted the instant writ petition.

8. The mother and sister-in-law of the alleged detenue, during the course of interaction, stated that they did not wish to interfere with the wishes of the alleged detenue and had never forced her against her will.

9. We have heard learned counsel for the parties and perused the record.

10. The proceedings in a Writ of Habeas Corpus are summary in nature. Admittedly, the dispute between the petitioner and the alleged detenue appears to be a family issue, which cannot be adjudicated in a Writ of Habeas Corpus. Since both the petitioner and the alleged detenue are well-educated having pursued B.Tech, they are at liberty to resolve their disputes amicably for the welfare of their family.

11. In the absence of illegal detention, the Writ of Habeas Corpus is not maintainable. However, the petitioner is at liberty to avail appropriate legal remedies available in law.

12. Accordingly, W.P.No.24704 of 2025, along with all connected applications, is disposed of. There shall be no order as to costs.

____________________________________

MOUSHUMI BHATTACHARYA, J ____________________________ GADI PRAVEEN KUMAR, J DAT

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