APHC010527202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27086/2025 Between: 1. G MADHUSUDHAN, S/O. G. MALLIKARJUINA, AGE 32 YEARS, OCCU FARMER, R/O. KOCHERUVU VILLAGE, DHONE MANDAL, NANDYAL DISTRIC ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE SUPERINTENDENT OF POLICE, ANANTAPUR DISTRICT. 3. THE STATION HOUSE OFFICER, GUNTHAKAL RURAL P. S., ANANTAPUR DISTRICT. 4. G PRABHAVTHI, W/O. G. MADHUSUDHAN AGE 32 YEARS, OCCU HOUSE WIFE, R/O. PULLAGUTTUPALLI VILLAGE, GUNTHAKAL MANDAL ANANTAPUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. BASIREDDY GARI SOMANATHESWARA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to pleased pass order to issue a Writ, Order, or Direction, more particularly in the nature of Mandamus, Declare the action of Respondent No. 3 in calling the petitioner and his minor children to the police station, harassing them, and coercing the petitioner to hand over custody of the children to Respondent No. 4 under threat of false criminal cases, as illegal, arbitrary, discriminatory, and violative of Articles 14 and 21 of the Constitution of India and Consequently direct Respondent No. 3 not to interfere in the 2 marital and custodial disputes between the petitioner and Respondent No. 4, except in accordance with due process of law in the interest of Justice.” 2. Heard Sri B.Somanatheswara, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station and insisting him to hand over his three children to his wife, who is an unofficial respondent herein. Learned counsel would further submit that the petitioner's wife left the matrimonial home six months ago, and since then, the children have been residing with the petitioner. It is contended that the police are now interfering in the matrimonial dispute. 4. Learned Assistant Government Pleader for Home would submit that, based on the complaint of the unofficial respondent, who is the wife of the petitioner, the petitioner was called to the police station for family counseling, and that the police have not insisted that the petitioner hand over the children to the unofficial respondent. 5. Considering the submissions made, the Writ Petition is disposed of. However, the police are directed not to interfere in matrimonial disputes by issuing directions to party to hand over the children to the other side. The police are further directed to follow due process of law. There shall be no order as to costs. 3 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.09.2025 ASR 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27086 of 2025 Dt.26.09.2025 Asr