APHC010642812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 33372/2025 Between: 1. PONDARI HARSHAVARDHAN, S/O PRASAD, ABOUT 22 YEARS OCC UN-EMPLOYEE, R/O 4-168, HIGH SCHOOL COLONY SINGUPURAM SRIKAKULAM TOWN AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME -DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE, GOVT OF AP, MANGALAGIRI GUNTUR DISTRICT 3. THE SUPERINTENDENT OF POLICE, SRIKAKULAM SRIKAKULAM DISTRICT 4. THE STATION HOUSE OFFICER, SRIKAKULAM II TOWN POLICE STATION, SRIKAKULAM TOWN AND DISTRICT 5. MANDALAPU KOTESWARA RAO, S/O NOT KNOWN TO THE PETITIONER GANDHI APARTMENTS,1ST FLOOR,1ST BUILDING, CHINNAMIRAM, KOPALLE, BHIMAVARAM WEST GODAVARI DISTRICT, AP 534206 PRESENT ADDRESS R/O 16-SRINIDHI VRUSHABHA. PLOT NO.392 AND 393 HMT ROAD, SWAMAPURI COLONY, AMEENPUR,MIYAPUR, HYDERABAD, TELANGANA 2 CMR,J & GTK,J W.P.No.33372 of 2025 STATE 502033 ...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 writ order or Direction more particularly one in the nature of Writ of Habeas Corpus to declare the inaetion of the respondents no. 2 to 4 to produce the petitioner wife by name Mandalapu Prasanna Jahnavi from the hands of 5TH respondent on petitioner complaint dt. 12.11.2025 and 17.11.2025 is highly illegal, arbitrary and violation of the Art. 14 and 22 Of Constitution of India and also violation of the principles of natural Justice and Consequently direct the respondent no. 2 to 4 to produce the petitioner wife by name Mandalapu Prasanna Jahnavi from the hands of 5TH respondent on petitioner complaint dt. 12.11.2025 and 17.11.2025 before this Hon'ble Court and pass Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 CMR,J & GTK,J W.P.No.33372 of 2025 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition for Habeas Corpus has been filed by the petitioner seeking direction to the respondent police officials to produce the corpus by name Mandalapu Prasanna Jahnavi, who is in the custody of the respondent No.5 and then to give her custody to the petitioner. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for the respondent Nos.1 to 4. Respondent No.5 is personally present before the Court today and heard him also. 3. It is the case of the petitioner that he and the corpus loved each other while they are pursuing their B-Tech graduation in SRKR Engineering College of Bhimavaram. They belong to two different castes and the parents of the corpus did not agree for their marriage. As they are searching for matches to perform marriage of the corpus with another person, the corpus has voluntarily left Hyderabad where she is working and reached Visakhapatnam and informed the petitioner who is in Srikakulam at his native place about the efforts being made by her parents to perform her marriage and the petitioner reached Visakhapatnam. Thereafter they both married each other in a temple on 07.11.2025 and got the said marriage registered and while they were living together, the 5th respondent lodged report with the police and on a call received from the police, when the petitioner and the corpus are going to the police station, the 5th respondent has taken away the corpus from the custody of the petitioner on the way when they are going to the police station and kept her in his illegal custody. Therefore, the instant writ petition has been filed by the writ petitioner for the aforesaid relief. 4. The petitioner has also produced the marriage photographs of both the petitioner and the corpus and also the copy of the marriage certificate issued under the Hindu Marriage Act, in proof of the fact that their marriage was performed on 07.11.2025. A copy of the Aadhaar card of the corpus is 4 CMR,J & GTK,J W.P.No.33372 of 2025 also produced in proof of her date of birth showing that she was born on 15.07.2003. Therefore, she is a major at the time of her marriage with the petitioner. 5. Considering the submissions made by the learned counsel for the petitioner and the aforesaid evidence that is produced before the Court, we have directed the 4th respondent – Station House Officer, Srikakulam II Town Police Station to produce the corpus before the Court today. We have interacted with the corpus in isolation separately in our chambers. She admitted that she and the petitioner loved each other when they were studying in SRKR Engineering College of Bhimavaram and that when their parents are trying to perform her marriage with another person that she herself voluntarily went from Hyderabad where she is working to Visakhapatnam and called the petitioner from his native place in Srikakulam and thereafter both of them got married each other on 07.11.2025 and they started living together and that they lived for 5 days together. She further stated that when her father came to their house and requested her to accompany him that she voluntarily accompanied her father and now she is living with her parents in Bhimavaram. When questioned whether she would like to accompany the petitioner who is her husband, she stated that at present the petitioner has no job and he has no source of living and that she intends to live with her parents only and that she would join the petitioner after he secures a job. 6. Thereafter, we have interacted with the petitioner separately in our chamber. He admitted that he has no job at present and that he is in search of job. He stated that his parents and his relatives would help him to look after the corpus, who is his wife and that he can take care of her with the help of his parents and relatives. But the corpus refused to accompany him till he secures a job. 7. Then we have interacted with the parents of the corpus also in the presence of both the petitioner and the corpus. They stated that as the 5 CMR,J & GTK,J W.P.No.33372 of 2025 petitioner has no job and source of earning that they are not willing to send their daughter with the petitioner and they further stated that if the petitioner secures a job and dispels their apprehension regarding the future of the corpus that they are ready to send the corpus with the petitioner while accepting their marriage. 8. Therefore, from the above interaction with all the concerned i.e., the petitioner, the corpus and the parents of the corpus, we are satisfied that as the petitioner has no job and source of earning, the corpus is now living with her parents. It is clear from the intention expressed by the corpus that she would now like to stay with her parents till the petitioner secures a job and instills confidence in her that he could take care of her future and thereafter that she would join his company to lead marital life with him. 9. As the corpus is a major aged about 22 years and as she expressed her intention with her free will that she is now not ready to accompany the petitioner and live with him and that she intends to live only with her parents at present till the petitioner secures a job, we are satisfied that she is not in illegal custody or detention of the 5th respondent. It is very much clear from the interaction which we had with her that she has been voluntarily with her free will and volition living with her parents and not by any force or compulsion. So when she is not illegally detained or confined, no order to give her custody to the petitioner can be passed in the facts and circumstances of the case. The parents of the corpus who are the 5th respondent and his wife present before the Court today assured that they will not perform any marriage to the corpus against her will with any other person. 10. The petitioner is directed to handover the laptop, mobile phone and original study certificates of the corpus, which are in the custody of the petitioner to the Station House Officer, Srikakulam II Town Police Station, within two days from the date of this order and the Station House Officer in turn shall handover the same to the corpus. 6 CMR,J & GTK,J W.P.No.33372 of 2025 11. Therefore, recording the aforesaid submissions of the petitioner, corpus and her parents and in view of the above discussion, the Writ Petition is closed. However, the corpus who is a major is at liberty to join the company of the petitioner who is her husband after he secures a job and source of earning. There shall be no order as to costs. 12. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. _________________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA, J Date : 04-12-2025 BMS