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2025 DAILYLAW 28055 (AP)

Kaligi Laxmi, v. The State of Andhra Pradesh,

WP/20146/2025 · 2025-09-22

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

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APHC010398662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 20146/2025 Between: 1. KALIGI LAXMI,, W/O K. SATHYA NARAYANA, AGED 30 YEARS, OCC- HOUSEWIFE, R/O D.NO. 5-92, BALAGUDABA VILLAGE, PARVATHIPURAM MANDAL PARVATHI MANYAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, AP SECRETARIAT VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, PARVATHIPURAM, VIZIANAGARAM DISTRICT. 4. THE STATION HOUSE OFFICER, PARVATHIPURAM RURAL POLICE STATION, PARVATHIPURAM, VIZIANAGARAM DISTRICT. 5. KALIGI SATYAM, S/O K. SANGAMESU, AGED 40 YEARS, R/O GOLLA STREET, BALAGUDABA, PARVATHIPURAM, VIZIANAGARAM DISTRICT ...RESPONDENT(S): 2 RRR,J & TCDS,J W.P.No.20146 of 2025 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 topleased to issue an order, direction or Writ more particularly one in the nature of Writ of Habeas Corpus directing the respondents no. 1 to 4 to the produce the petitioners daughter Kaligi Sharmila D/o K. Satyam aged 9 years and son Kaligi Rohith S/o K. Satyam aged 6 years before this Honble Court from detainment of the respondent no. 5 and set them free to handover the writ petitioner and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 RRR,J & TCDS,J W.P.No.20146 of 2025 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner has approached this Court, by way of the present Writ Petition, contending that, the children born to her from the 5th respondent, who is her husband, are under the illegal detention and custody of the husband, who is arrayed as the 5th respondent. 2. This Court, had initially issued notice to the 5th respondent. As he was not appearing before this Court even after service of notice, this Court by an Order, dated 16.09.2025, had directed the 4th respondent to produce the children and left it open to the 5th respondent to accompany the children. 3. In pursuance of the directions, the 4th respondent has today produced the 5th respondent along with the children and the petitioner is also physically present in Court. 4. In view of the fact that the 5th respondent, states that, there are marital disputes between the 5th respondent and the petitioner on account of which they have separated. The 5th respondent further states that, he is taking care of both his children and in his absence, when he is away on work, his mother, who is aged about 50 years is taking care of the children. 5. In such circumstances, nothing further survives in the present Writ Petition as the custody of the father over the children cannot be treated to be the illegal custody. However, it would be open to the petitioner to approach an 4 RRR,J & TCDS,J W.P.No.20146 of 2025 appropriate Forum or Court for redress, in relation to her claims of custody over the children. 6. Accordingly, this Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _________________ T.C.D. SEKHAR, J Date:23.09.2025 KPV 5 RRR,J & TCDS,J W.P.No.20146 of 2025 79 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No:20146 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 23.09.2025 KPV