APHC010109112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST 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: 5460 OF 2025 Between: Akkaramani Yamini, W/o. A.Chandrasekhar, Aged about 27 years, R/o.D.No. 5-22, Gollalapalem, T. Nagarapalem, Bheeminupatnam, Visakhapatnam- 531162. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Home, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Police, Commissionerate, Suryabagh, Visakhapatnam. 3. The Station House Officer, Bheemunipatnam Police Station Visakhapatnam District. 4. Akkaramani Chandra Sekhar, S/o. Late A.Apparao, Aged around 36 Sangivalasa, Bheemili, R/o. Near 3 Ammavarlu Temple, years, Visakhapatnam District Andhra Pradesh - 523001. ...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 writ, order or direction more particularly one in the nature of the Writ of Habeas Corpus directing the Respondents No. 1 to 3 herein to /■ Geetansh, aged around 3 years illegal custody of the the custody of the Minor his mother and the Minor Child Master is Hon'ble Court from the produce the Petitioner and 8 months before this and consequently hand over the Petitioner herein being Respondents No. 4 child Master Geetansh, to natural guardian. IA Kin . 1 OF 2025 in the circumstances stated High Court may be pleased to Affidavit to the counter filed 151 CPC praying that in Petition under Section in the affidavit filed in support of the petition, the grant leave to the Petitioner herein to file a Reply by Respondent to the Writ Petition. ; M/s. CKR ASSOCIATES Counsel for the Petitioner the Respondent Nos.1 to 3 ; ; THE ADVOCATE GENERAL Counsel for Counsel for the Respondent No.4 Court made the following order; ; SRI SHAIK ALTAF The 1 APHC010109112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5460/2025 Between: 1.AKKARAMANI YAMINI, W/0 A.CHANDRASEKHAR, AGED ABOUT 27 R/O.D.NO. 5-22, GOLLALAPALEM, T. NAGARAPALEM, YEARS BHEEMINUPATNAM, VISAKHAPATNAM-531162. 5-22, GOLLALAPALEM, T. NAGARAPALEM, YEARS BHEEMINUPATNAM, VISAKHAPATNAM-531162. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE COMMISSIONER OF POLICE, COMMISSIONERATE, SURYABAGH, VISAKHAPATNAM. 3.THE STATION HOUSE OFFICER, BHEEMUNIPATNAM POLICE STATION VISAKHAPATNAM DISTRICT 4.AKKARAMANI CHANDRA SEKHAR, S/0 LATE A.APPARAO, AGED R/0 NEAR 3 AMMAVARLU TEMPLE, AROUND 36 YEARS, SANGIVALASA, BHEEMILI, VISAKHAPATNAM DISTRICT ANDHRA PRADESH - 523001 ...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 the Writ of Habeas Corpus directing the Respondents No. 1 to 3 2 herein to produce the Petitioner Minor Child Master Geetansh, aged around 3 years and 8 months before this Hon'ble Court from the illegal custody of the Respondents No. 4 and consequently hand over the custody of the Minor child Master Geetansh, to the Petitioner herein being his mother and the natural guardian and 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 pleased to grant leave to the Petitioner herein to file a Reply Affidavit to the counter filed by Respondent to the Writ Petition and pass Counsel for the Petitioner: 1.CKR ASSOCIATES Counsel for the Respondent(S): 1 .THE ADVOCATE GENERAL 2.SHA1KALTAF 3 The Court made the following Order: (per Hon'ble Sri Justice R. Raghunandan Rao) The petitioner herein has approached this Court by way of the present Writ Petition, for the grant of custody of her son, who is said to be aged four years and 1 month. 2. The case of the petitioner is that she was married to the respondent and had suffered at the hands of the 4*^ respondent and his mother due to the physical torture inflicted on her and her son by the 4 respondent and his mother. th 3. The petitioner contends that she had been assaulted on 30.12.2023 and consumed a large number of tablets due to which she lost consciousness and subsequently moved to her maternal home, on 01.01.2024, along with her son. She contends that on 22.04.2024, the 4*'^ respondent had forcibly taken away her son and that her father had taken his own life, on 25.12.2024, leaving behind a written note, attributing. This extreme step to the persistent harassment by the family of the 4*'^ respondent and that a Crime No.9 of 2025, had also been registered with the Bheemunipatnam Police Station, in this regard. The petitioner has now approached this Court, in Feburary-2025 contending that her son had been forcibly taken away from her and that the custody of the 4*'^ respondent over the said child is illegal custody which needs to be set aside and that her son should be restored to her. 4. The 4^^ respondent has filed a counter affidavit, denying all these allegations and stating that the entire dispute arose because of the insistence of the petitioner that he should stay away from his mother. 5. Both parties had also attempted mediation for resolving their disputes. However, the said mediation conducted by a trained mediator did not result in a resolution of the dispute. 6. 4 % This Court, on account of the delay in filing the Writ Petition, is not in a position to ascertain the true facts as to whether the child was forcibly taken away by the 4*^^ respondent. A finding in this connection can only be only given by an appropriate Court of civil jurisdiction or Family Court. Apart from that, the photographs produced by the 4^'' respondent as well as the documents show that the child has been joined in a school. The question of whether proper care is being taken of the child or not, is an issue which would have to be gone into by an appropriate Court of civil jurisdiction. In the circumstances, without expressing any opinion in favour of either the petitioner or the 4^'^ respondent, it would be appropriate to dispose of this Writ Petition giving liberty to the petitioner to approach an appropriate Court of competent jurisdiction to go into the question of the custody of the son of the petitioner and the 4*'^ respondent. The 4*'' respondent had already stated that he has no objection to the petitioner visiting his house to interact with the child. In such circumstances, such visitation rights can be continued subject to any Order that may be passed by the Court of civil jurisdiction as and when any application in this regard is made. It is further clarified that said Court would not be bound by any observation or directions given by this Court in this Order. 7. 8. 9. 10. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand Sd/- K TATA RAO DEPUTY^f^GiSTRAR closed. //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary Department of Home, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of Police, Commissionerate, Suryabagh, Visakhapatnam. r 3. The Station House Officer, Bheemunipatnam Visakhapatnam District One CC to M/s. CKR Associates, Advocate [OPUC] Two CCs to The Advocate General, High Court of Andhra Pradesh at Amaravati [OUT] One CC to Sri Shaik Altaf, Advocate [OPUC] Two CD Copies Police Station 4. 5. 6. 7. Cnr HIGH COURT DATED:05/08/2025 ORDER WP NO. 5460 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS