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2025 DAILYLAW 45733 (AP)

PERAM NAGI REDDY v. THE STATE OF ANDHRA PRADESH

WP/22070/2025 · 2025-09-22

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

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i- I # APHC010434862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) @£0 0^ TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 22070 OF 2025 Between: Peram Nagi Reddy, S/oJagga Reddy, Aged about 35 years, Occ. Private Employee, R/o.D.No.1-24, Rentala Village, Rentachintala Mandal, Palnadu District, Erstwhile Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, 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. Peram@Thatiparthi Siva Nandini, W/o.Peram Nagi Reddy, D/o.Tatiparthi Tirupathi Reddy, Aged about 33 years, Occ. Student, Native of R/o.2- 16, Rentala Village, Rentachintala Mandal, Palnadu District. Presently residing in Flat No.22, CAN-A2-G-22A, Canalside, 50 Lower Loveday Street, Homes for Students Birmingham, B19 3SJ, United Kingdom, UK Phone No 447493 546066 4. Tatiparthi Tirupathi Reddy, S/o.Malla Reddy, Aged about 55 Occ. Daily Worker and Auto Driver, Nivas Villas, years, R/o.Villa No.A-143/1, Prakruthi Annaram, Near Indian Air force Academy, Dundigal, Hyderabad - 500043, Cell No.8639290130. 5. Tatiparthi Lakshmi, W/o.Tirupathi Reddy, Aged about 48 years, Occ. Pickles Seller, R/o.Villa No.A-143/1, Prakruthi Nivas Villas, Annaram, Near Indian Air force Academy, Dundigal, Hyderabad - 500043, Cell No.9398649913. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Habeas Corpus, declaring the highhanded action of the 4th and 5th respondents in keeping the minor child son Peram Rudransh Reddy, aged about 4 years in illegal detention without the petitioners 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 / Peram Rudransh Reddy, aged about 4 years, before this and 5th and take suitable action against the 4th respondents for their illegal and highhanded action. Honourable court lA 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 to direct the respondents to handover the Detenues/Peram Rudransh Reddy, aged about 4 years, to the petitioner, who is biological father and natural guardian for interim custody, pending disposal of all marital cases between the petitioner and 3'^^ respondent. Counsel for the Petitioner: SRI DAGGUBATI RAMASWAMY REDDY Counsel for the Respondent Nos. 1 and 2: THE ADVOCATE GENERAL Counsel for the Respondent Nos. 4 and 5: D PURNACHANDRA REDDY The Court made the following order: $f0 APHC010434862025 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; 22070/2025 Between: 1.PERAM NAGI REDDY, S/O.JAGGA REDDY, AGED ABOUT 35 YEARS, OCC. PRIVATE EMPLOYEE, R/O.D.NO.1-24, RENTALA VILLAGE, RENTACHINTALA MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DEPARTMENT OF HOME, SECRETARIAT 2.THE STATION HOUSE OFFICER, RENTACHINTALA POLICE STATION, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 3.PERAM THATIPARTHI SIVA NANDINI, W/O.PERAM NAGI REDDY, D/O.TATIPARTHI TIRUPATHI REDDY, AGED ABOUT 33 YEARS, OCC. STUDENT, RENTACHINTALA MANDAL, PALNADU DISTRICT. RESIDING IN FLAT N0.22, CAN-A2-G-22A, CANALSIDE, 50 LOWER LOVEDAY STREET, HOMES FOR STUDENTS BIRMINGHAM, B19 3SJ, UNITED KINGDOM, UK PHONE NO 447493 546066 NATIVE OF R/0.2-16, RENTALA VILLAGE, PRESENTLY 4.TATIPARTHI TIRUPATHI REDDY, S/O.MALLA REDDY, AGED ABOUT 55 YEARS, OCC. DAILY WORKER AND AUTO DRIVER, R/O.VILLA NO.A-143/1, PRAKRUTHI NIVAS VILLAS, ANNARAM, 2 RRR,J & TCDSJ W.P.No.22070 of 2025 NEAR INDIAN AIR FORCE ACADEMY, DUNDIGAL, HYDERABAD - 500043, CELL NO.8639290130. 5.TATIPARTHI LAKSHMI, W/O.TIRUPATHI REDDY, AGED ABOUT 48 YEARS, OCC. PICKLES SELLER, PRAKRUTHI NIVAS VILLAS, ANNARAM, NEAR INDIAN AIR FORCE ACADEMY, N0.9398649913. R/O.VILLA NO.A-143/1 DUNDIGAL, HYDERABAD 500043, CELL ...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 particularly one in the nature of Writ of Habeas Corpus, declaring the highhanded action of the 4th and 5th respondents in keeping the minor child son Peram Rudransh Reddy, aged about 4 years in illegal detention without the petitioners 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 / Peram Rudransh Reddy, aged about 4 years, before this Honourable court and take suitable action against the 4th and 5th respondents for their illegal and highhanded action and to pass lA 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 Counsel for the Petitioner: 1.DAGGUBATI RAMASWAMY REDDY Counsel for the Respondent(S): 1.D PURNACHANDRA REDDY 2.THE ADVOCATE GENERAL 3 % RRR,J & TCDS,J W.P.No.22070of2025 The Court made the following Order; (perHon’ble Sri Justice R. Raghunandan Rao) The petitioner and the respondent were married, on 18.10.2018. They have a son, who is presently aged about four (04) years. The petitioner contends that, on account of marital disputes, basically caused by the 3 respondent herself, the petitioner and the 3"'^ respondent had separated in May, 2022 when the 3'^'^ respondent left his house along with the minor child. Thereafter, criminal cases are said to have initiated by the 3'"' respondent against the petitioner. rd 2 The petitioner is said to have initiated proceedings for dissolution of marriage, by way of H.M.O.P.No.182 of 2022, on the file of the learned Senior Civil Judge, Gurazala. Apart from this, the petitioner had also moved G.W.O.P. No.827 of 2023, in September, 2023, before the learned X Additional District Judge, Gurazala, against the 3'"^ respondent seeking custody of the minor child. It is stated that the 3'^'^ respondent had left to United Kingdom for higher education leaving behind the minor child with the maternal grandparents, who are arrayed as the respondents 4 & 5. It appears that, G.W.O.P. filed by the petitioner, on the ground of non-payment of batta. 3. 4. At that stage, the petitioner has approached this Court, contending that, the custody of the child being left with the grandparents amounts to illegal custody and that, the custody should be handed over to the father, who is the natural guardian. 4 RRRJ & TCDSJ W.P.No.22070 of 2025 These are the issues which require to be dealt with by a Family Court a Civil Court of appropriate jurisdiction. The petitioner had already invoked that remedy. The dismissal of G.W.O.P., on the ground of batta, does not mean that the petitioner is bereft of remedies. 5. or non- payment of 6. As all the facts are not before us, it would only be appropriate to relegate the petitioner to the remedy of approaching the Family Court. 7. Accordingly, this Writ Petition is closed. There shall be costs. no order as to As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- K TATA RAO DEPUT^^EGISTRAR — SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri. Daggubati Ramaswamy Reddy Advocate [OPUC] 2. One CC to Sri. D Purnachandra Reddy Advocate [OPUC] 3. Two CCS to The Advocate General, High Court of Andhra Pradesh [OUT] 4. Two CD Copies GSC \ , HIGH COURT DATED;23/09/2025 ORDER WP NO. 22070 OF 2025 ANS^^ # 1 11t OCT 2025 Co CLOSING THE WP WITHOUT COSTS