APHC010206792025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) j TUESDAY,THE TWELFTH DAY OF AUGUST |E TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE P SM0 PRADESH o RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10399 OF 2Q2fi Between: Boddapati Prathyusha, D/o. no-204. Vinayaka Avenues Rajamahendravaram. B. Suryanarayana, Aged about 35 Mamatha Colony, 2 years, R/o Flat street, Konthamuru, nd ...petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Home, Velagapudi, Guntur District. 2. Union of India through Secretary External Affairs, South Block, to the Govt, of India New Delhi-110001 3. Bureau of Immigration in India at East Block VIII, L R-K. Puram, New Delhi. Ministry of Level-V, Sector-1 4. The Superintendent of Police 5. The Station Rajamahendravaram District Prakasah Nagar Police House Officer, Station. Rajahmundry. 6. Veeturi Sri Harsha, S/o VW 59-8-18/2, Sarangadharametta Satyanarayana, Aged about 39 Indira Heights, Rajamahendravaram Urban years, R/o P and T Colony, D.No. G-3, Presently residing 4 in 1218, Hidden Rdg Apt 2068 Irving Texas 75038-4481 Ph no +1 - *469 655 3318 ...RESPONDENTS 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, order or direction more particularly one in the nature of the writ of HABEAS CORPUS directing the Respondents No. 4 and 5 herein to produce the Petitioner Minor Child Master Veeturi Sanjay Srinivas, aged around 6 years and 7 months, before this Hon'ble Court from the illegal custody of the Respondent No. 6 and consequently hand over the custody of the Minor child Master Veeturi Sanjay Srinivas to the Petitioner herein being his mother and the natural guardian. Counsel for the Petitioner: SRI SHAIK ASIF Counsel for the Respondent Nos.1,4 & 5:THE ADVOCATE GENERAL Counsel for the Respondent Nos.2 & 3: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.6: SRI MATHUKUMILLI SRI VIJAY The Court made the following order: f APHC010206792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SfflB [3529] SS ir; TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10399/2025 Between: -I.BODDAPATI PRATHYUSHA, d/0 b suryanarayana, aged about 35 YEARS, R/0 FLAT NO. 204, VINAYAKA AVENUES mamatha colony RAJAMAHEND RAVARAM. 2ND STREET. KONTHAMURU ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VELAGAPUDI, GUNTUR DISTRICT. 2,UNI0N of INDIA THROUGH, SECRETARY TO THE GOVT, OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI-110001 3. bureau of immigration in INDIA at EAST BLOCKVIll, LEVEL-V, SECTOR-1, R.K. PURAM, NEW DELHI. 4.the superintendent of police, RAJAMAHENDRAVARAM district 5.the station house officer, prakasah nagar police station, rajahmundry. 6.VEETURI SRI HARSHA, S/0 VWSATYANARAYANA, AGED ABOUT 39 YEARS, R/0 D.NO. 59-8-18/2, G-3, INDIRA HEIGHTS. P AND T 2 RRR,J & TCDSJ W.P.No.10399 of 2025 . URRAr' ^®^R^^gadharametta, rajamahendravaram IRVINir VcYrf^^^^*"^ residing in 1218, HIDDEN RDG APT 2068 IRVING TEXAS 75038-4481 PH NO 1 -469 655 3318 ...RESPONDENT(S): Petition under Article 226 of the Constitution i circumstances stated in the affidavit filed therewith, pleased topleased to Issue a writ, order or direction more particularly one In Ind 5 hL Respondents No 4 thT ln r® , T""/ ® ^ Plee'ble Court frL custodfonhe m’' P°"9ent No. 6and consequently hand over the herlir I h S^^^s to the Petitioner herein being his mother and the natural guardian and Counsel for the Petitioner: I.SHAIK ASIF Counsel for the Respondent{S); 1.SRI VIJAY MATHUKUMILLI 2.THE ADVOCATE GENERAL of India praying that in the the High Court may be pass 3 0^ RRRJ & TCDS,J W.P. No.10399 of 2025 Order; (perHon’ble Sri Justice R. Raghunandan Rao) The Court made the following , before this Court, was that, she was earlier children namely a son and a The case of the petitioner married to the 6 daughter, born disputes, the petitioner and the 6 Family Court Cum IX Additional District Rajamahendravaram, under Section 13 (B) of their marriage by a mutual consent. The same was granted, on respondent and they had two 14.07.2018 and 08.10.2021 respectively. Due to marital on respondent had approached the learned ict and Sessions Judge, East Godavari at th of the Hindu Marriage Act, for the dissolution is said to be dissolved. 10.07.2024 when the marriage is settlement, the son would the daughter would remain with the every also states that as per the The petitioner with the respondent, while petitioner. It was also agreed Sunday, in order to talk to the child, who is in the custody of the other former 2. remain that both sides could make video calls, on spouse. this Court with the contention that, 16.02.2025 and was not petitioner has now approached respondent had stopped taking her calls since 3. The the 6 permitting her to talk with her son. represented by Sri Mathukumilli make arrangements to the petitioner 05.08.2025. respondent, who is now learned counsel, had agreed to to talk with her son and the same th 4. The 6 Sri Vijay was recorded by us, on 4 RRR,J & TCDSJ W.P.No.10399 of 2025 pursuant to the 5. Learned counsel for the petitioner would Orders of this Court, dated 05.08,2025 her son, by way of a video call. submit that the petitioner was able to interact with 6. Sri Mathukumilli Sn Vijay, learned petitioner having moved counsel would submit that, as the guardian, for both cannot seek to maintain this remedy that has been invoked. the a petition, to be appointed the children, after the filing of this Writ Petition Writ Petition in view of the alternative 7. We find considerable merit in the said submission. 8. Accordingly, this Writ pursue appropriate remedies Petition i IS disposed of, leaving it open to the under Law. petitioner to There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/-N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, T The Principal Secretary, Department of Home Pradesh, Velagapudi, Guntu 2. The Secretary to the Govt Affairs, South Block, 3. Bureau of Immigration R.K. Puram, New Delhi. State of Andhra r District. . of India, Union of India, Ministry of External New Delhi-110001 in India at East Block VIII Level-V, Sector-1 4. The Superintendent of Police 3. The Station Rajamahendravaram District Prakasah Nagar House Officer Police Station, Rajahmundry. 6. One CC to Sri Shaik , 7- One CC to Sri Mathukumilli 8. Two Asif, Advocate [OPUC] Sri Vijay, Advocate [OPUC] the Advocate General, CC’s Pradesh[OUT] 9. Two CD Copies. to High Court of Andhra ssb high court DATED: 12/08/2025 ORDER WP No.10399 OF 2025 5 2 2 AUG 2025 Current Seciion , ^% disposing of the w.p. WITHOUT COSTS