APHC010684822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 35180/2025 Between: 1. THAMMISETTY GOPICHAND, S/O. THAMMISETTY RAJA, AGED ABOUT 28 YEARS, OCC PRIVATE EMPLOYEE, (CASUAL DRIVER IN SRIHARIKOTA), CASTE VADDERA BC-A, RIO. D.NO. 5-5-208, NAGARAJPURAM, SULLURPETA, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT. 3. THE STATION HOUSE OFFICER, SULLURPETA POLICE STATION, TIRUPATI DISTRICT. (ERSTWHILE SPSR NELLORE DISTRICT). 4. SRI PEDIRIPATI NARASIMHA, S/O. NOT KNOWN TO THIS PETITIONER, AGED ABOU 52 YEARS, OCC BUSINESS, R/O. 3-6/2, TONDUPALLI, SHAMSHABAD MANDAL, K.V.RANGAREDDY DISTRICT 509325. 5. SRI PEDIRIPATI SAI TEJA, S/O. P.NARASIMHA, AGED ABOUT 25 YEARS, OCC BUSINESS, R/O. 3-6/2, TONDUPALLI, SHAMSHABAD MANDAL, K.V.RANGAREDDY DISTRICT 509325. ...RESPONDENT(S): 2 CMR,J & GTK,J W.P.No.35180 of 2025 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 an appropriate Writ more particularly one in the nature of Writ of Habeas Corpus directing the respondents to produce the Detenue Smt. Pediripati Sowmya, W/o. Thammisetty Gopichand, D/o. Sri Pediripati Sowmya, aged about 23 years, Rio. 3-6/2, Tondupalli, Shamshabad Mandal, K.V.Rangareddy District 509325., before the court or release the detenue forthwith 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 2nd and 3rd respondents herein to produce the detenue Smt. Pediripati Sowmya, W/o. Thammisetty Gopichand, D/o. Sri Pediripati Sowmya, aged about 23 years, Rio. 3-6/2, Tondupalli, Shamshabad Mandal, K.V. Rangareddy District 509325, before this Hon'ble court pending disposal of the present writ petition and to pass Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 3 CMR,J & GTK,J W.P.No.35180 of 2025 ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This Writ Petition for Habeas Corpus under Article 226 of Constitution of India is filed by the petitioner seeking direction to the respondent police officials to produce the corpus by name Pediripati Sowmya, who is the wife of the petitioner before the Court and then to pass appropriate orders according to law. 2. Heard Smt. K. Pallavai, learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of learned Advocate General, appearing for respondent Nos.1 to 3. Though notice is ordered to respondent Nos.4 and 5, who are the father and brother of the corpus, the notices are not yet returned as served. As the corpus is produced today and this Writ Petition is being disposed of as per the wish expressed by her to accompany her parents, notice to respondent Nos.4 and 5 is dispensed with. 3. As per the case pleaded by the petitioner, both the petitioner and the corpus, who is a major aged about 22 years loved each other and as the parents of the corpus did not agree to perform their marriage that the petitioner and the corpus eloped and married each other on 21.05.2025 at Narasimha Swamy Temple, Singarayakonda. Again, the parents of the petitioner performed their marriage on 28.05.2025 in the village and they started living together. It is stated that while the petitioner and the corpus are living together at Sullurpeta, where the petitioner is working, respondent Nos.4 and 5, who are the father and the brother of the corpus came to the house of the petitioner and whisked away the corpus on 10.11.2025 at about 07.00 p.m. Thereafter, she was confined in the house of respondent Nos.4 and 5 and she was not allowed to meet the petitioner. Therefore, the petitioner has filed the instant writ petition seeking the aforesaid relief. 4. On 07.01.2026, we have directed the respondent No.3 - Station House Officer, Sullurpeta Police Station, to produce the corpus, who is a 4 CMR,J & GTK,J W.P.No.35180 of 2025 major before the Court today i.e., on 20.01.2026. Pursuant to the said direction, the Sullurpeta Police has produced the corpus before the Court today. We have interacted with the corpus in isolation in our chamber. She admitted that she is now aged about 22 years. Therefore, she is a major at present. She stated that she and the petitioner loved each other and as her parents did not agree for their marriage that they both eloped and married each other on 21.05.2025 and thereafter the parents of the petitioner again performed their marriage on 28.05.2025 at their village and both of them started living together. She further stated that while both of them are living together, the petitioner started harassing her by picking up quarrels with her on petty issues and that his parents also used to quarrel with her. So she has informed about the same to her parents over phone and her parents came to the house of the petitioner and took her with them. She categorically stated that she has voluntarily with her free will and volition accompanied her parents and she has been now residing with her parents. 5. To a pointed question whether she is now willing to join the company of the petitioner, who is her husband, she refused to accompany him and resume their conjugal life. We have also called the petitioner into the chamber and allowed both of them to discuss with each other. They discussed with each other and even though the petitioner is ready and willing to take back the corpus and look after her with love and affection without picking up any quarrels, the corpus refused to accompany him stating that unless her parents agree, she is not willing to join the petitioner. So we have called the mother of the corpus, who is available, into the chamber and we also discussed with her. She refused to send the corpus with the petitioner stating that she has no confidence that he will look after her with love and affection without harassing her. After sending her out of the chamber, again when we questioned the corpus, she clearly stated that she is not willing to accompany the petitioner unless her parents agree for the same. She clearly stated that she would now accompany her parents and stay with them. The corpus has again stated that 5 CMR,J & GTK,J W.P.No.35180 of 2025 if her mother agrees that she is ready to live with the petitioner for six months to see whether there is a change in his attitude and conduct, and whether he would look after her with love and affection or not. But as her mother refused, she again stated that she is not willing to live with him for a period of six months as her mother is not willing. 6. Therefore, as it is evident from the statement given by the corpus that she was not forcibly whisked away by respondent Nos.4 and 5 as alleged in the writ petition and as she clearly stated that she voluntarily accompanied respondent Nos.4 and 5 after calling them to the house of the petitioner, it cannot be said that she was illegally confined or detained by respondent Nos.4 and 5. Further, as the corpus is a major aged about 22 years and as she expressed her willingness with her free will and volition that she intend to accompany her mother and live with her parents, we have to allow her to live with her parents as per her wish. 7. However, if the petitioner wants to pursue his matrimonial rights, he is at liberty to pursue the same in the appropriate forum as the marriage between both of them is admitted by the corpus. 8. In view of the above discussion, the Writ Petition is dismissed. However, as noticed supra, the petitioner is at liberty to pursue his matrimonial rights in the appropriate forum. There shall be no order as to costs. 9. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. _________________________________________ CHEEKATI MANAVENDRANATH ROY, J ________________________ TUHIN KUMAR GEDELA, J Date : 20-01-2026 BMS