APHC010466452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] THURSDAY, THE FOURTH 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: 23632/2025 Between: 1. PERAM SUJATHA, , W/O.ALLURI HARINADHA REDDY, D/O.PERAM JAGGA REDDY, AGED ABOUT 38 YEARS, OCC. HOUSE-WIFE, R/O.D.NO.1-25, RENTALA VILLAGE, RENTACHINTALA MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, RENTACHINTALA POLICE STATION, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 3. ALLURI HARINADHA REDDY, S/O.VENKATA RAMANA REDDY, AGED ABOUT 41 YEARS, OCC. PRIVATE EMPLOYEE, NATIVE OF R/O.H.NO.46/1-MH-3A, MARUTHI HOMES, JOHARAPURAM ROAD, KURNOOL, KURNOOL DISTRICT. PRESENTLY RESIDING IN 18001, ALLISON PARK PI APT 305, TAMPA, FL-33647, UNITED STATES OF AMERICA. ...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 topleased to issue a an appropriate writ, order or direction more 2 particularly one in the nature of Writ of Habeas Corpus, declaring the highhanded action of the 3rd respondent in keeping the minor children namely (1) Alluri Sai Hruday Reddy, aged about 11 years and (2) Alluri Ranvitha Reddy, aged about 9 years, in illegal detention without the petitioner's knowledge is as illegal, arbitrary and violation of Articles 14, 19 and 21 of Constitution of India and consequently direct the 2nd respondent to produce the Detenues / children namely (1) Alluri Sai Hruday Reddy, aged about 11 years and (2) Alluri Ranvitha Reddy, aged about 9 years, before this Honble court and take suitable action against the respondent for his illegal and highhanded action 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 pleased to direct the respondents to handover the Detenues / children namely (1) Alluri Sai Hruday Reddy, aged about 11 years and (2) Alluri Ranvitha Reddy, aged about 9 years, to the petitioner, who is biological mother and natural guardian for interim custody, pending disposal of Crime No.57 / 2025 of Rentachintala Police Station, and to pass Counsel for the Petitioner: 1. DAGGUBATI RAMASWAMY REDDY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 3 The Court made the following Order: (Per Hon’ble Sri Justice R. Raghunandan Rao) The petitioner was married to the 3rd respondent on 23.12.2012 and they have two children aged 11 years and 8 years. On account of disputes between themselves, the 3rd respondent had filed F.C.O.P.No.112 of 2024, before the Family Court at Kurnool, for dissolution of marriage by way of mutual consent. However, this case was dismissed on 02.07.2025 as the petitioner did not give any consent. 2. The petitioner has now approached this Court with the complaint that the 3rd respondent and his family members were not allowing her to see her children and that she has now been informed that both the children had taken away by the 3rd respondent to the United State of America, in July, 2024. She had filed a criminal case, in this regard, on 13.07.2025, before Rentachintala police station. A case was registered as a Crime No.57 of 2025, for offences under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, against the 3rd respondent and his family members. 3. The petitioner contends that the custody of the 3rd respondent over the children is illegal and that she is being denied her natural right of seeing and interacting with the children. It is further contended that the welfare of the children would be best served by giving custody of the children to her. 4. While, there is no dispute that it is the welfare of the children that would be paramount concern, while deciding questions of custody, this Court cannot gone into the question of whether the custody of the 3rd respondent, over the children, is illegal, without ascertaining the facts. That exercise would be best done by a Civil/Family Court of competent jurisdiction. 5. It would also be open to the petitioner to approach the appropriate Court by way of appropriate proceedings for determining the custody of the children. 4 6. In the circumstances, nothing further survives in this Writ Petition and it is dismissed, leaving it open to the petitioner to avail of her remedies under law. 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 BSM 5 HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No.23632 of 2025 (per Hon’ble Sri Justice R Raghunandan Rao) 04-09-2025 BSM