APHC010701002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3418] THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT PETITION NO: 35924/2025 Between: 1. SUNKI REDDY RAJA MOHAN REDDY,, S/O RAVANA REDDY, AGED ABOUT 30 YEARS, NO.19, GROUND FLOOR, SMR TOWNSHIP, RKM LAYOUT, 3RD MAIN A CROSS, MUNGONDANAHALLI, NEAR DODDAMMA TEMPLE, BANGALORE, KARNATAKA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT. 3. THE SHO, VOLETIVARIPALEM PS. SPSR NELLORE DISTRICT. 4. V THIPPAIAH, S/O AGED ABOUT 47 YEARS, PRIVATE EMPLOYMENT, RIO BANGARAKKAPALEM VILLAGE, VOLETIVARIPALEM MANDAL SPSR NELLORE DISTRICT. 5. V PADMAVATHI PADMA, W/O V.THIPPAIAH , AGED ABOUT 43 YEARS, PRIVATE EMPLOYMENT, RIO BANGARAKKAPALEM VILLAGE, VOLETIVARIPALEM MANDAL . SPSR NELLORE DISTRICT. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Habeas Corpus to direct the respondent 2 CMR,J& VGKR,J W.P.No.35924 of 2025 Nos.2 and 3 to produce the detenue named Miss Vennapusa Malini, aged about 24 years, currently wrongfully restrained and confined at D. No. 3-52/A, Voletivaripalem Mandal, Bangarakkapalem, Nellore District before this Honble court and set her at liberty in the interest of justice, and to pas Counsel for the Petitioner: 1. JITENDRA KANYALUR Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL The Court made the following: 3 CMR,J& VGKR,J W.P.No.35924 of 2025 The Court made the following: ORDER: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) This writ petition for Habeas Corpus under Article 226 of the Constitution of India has been filed by the petitioner, seeking direction to respondent Nos.2 and 3-Police officials to produce the corpus by name Ms. Vennapusa Malini, aged about 24 years alleged to have been wrongfully confined in the House bearing D.No.3-52/A, Voletivaripalem Mandal, Bangarakkapalem in Nellore District and to set her at liberty. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the official respondents. 3. Respondent No.4, who is the father of the corpus is present voluntarily before this Court. 4. It is the case of the petitioner that he is the brother-in-law of Ms. Vennapusa Malini, aged about 24 years (hereinafter referred to as ‘corpus’) and he received a phone call from the corpus informing him that she is being forced by her parents and her relatives to marry a person of their choice against her will and she is not interested to marry a person chosen by her parents. It is stated that she was wrongfully confined in the house bearing D.No.3-52/A of Bangarakkapalem of Nellore District. Therefore, the petitioner has filed the instant Writ Petition seeking the aforesaid reliefs. 5. When the matter came up for admission before this Court on 23.12.2025, we have directed the police to produce the corpus before the Court on 26.12.2025. Accordingly, she was produced before the Court on 26.12.2025. When we have interacted with the corpus, she has initially stated that even though the petitioner is her brother-in-law that she was not in love with him and she had no intention to marry him. But, again she has prevaricated from the said statement and stated that she is in love with him and she intends to marry him and that her parents are not willing to perform 4 CMR,J& VGKR,J W.P.No.35924 of 2025 her marriage with the petitioner. Her father was also present in the Court on that day. We have also enquired from him as to why they are not willing to perform her marriage with the petitioner. He stated that the petitioner had earlier loved another girl and he married her and he also got a daughter during their wedlock. Now, as the petitioner is again intending to contract a second marriage with the corpus that he is not willing to perform her marriage with the petitioner. 6. Learned counsel for the petitioner has submitted on that day that his earlier marriage with a person by name Mamatha Reddy was dissolved by a decree of divorce passed by the Civil Court on 03.09.2025 in H.M.O.P.No.156 of 2025. A copy of said decree was also produced before the Court. It was an ex parte decree that was passed by the said Court. As it is evident from the said decree that the respondent therein did not attend the Court inspite of service of notice on her, the said ex parte decree was passed. Even after the said facts were apprised to the corpus relating to the previous marriage of the petitioner and his divorce, the corpus has stated before the Court that she is aware of the same and that as his marriage was dissolved with his first wife, that she is now willing to marry him. However, as a decree was recently passed as on that day and as it was an ex parte decree and as there is a possibility of the respondent therein to file an application to set-aside the ex parte decree and contest the petition, and in the event of filing of any such application by her, as further complications may arise, if the corpus is permitted to go with the petitioner, we have decided on that day to give sufficient time to the corpus to take appropriate decision. As the corpus is a major, aged about 24 years, we have permitted her to accompany her parents and stay with them. We have directed the father of the corpus to allow the corpus to take her decision independently as per her will and wish. 7. The matter is again listed today. Both the corpus and her father are present before the Court. The petitioner is also present. When questioned, the 5 CMR,J& VGKR,J W.P.No.35924 of 2025 corpus has stated that she is not interested in the petitioner and she does not want to marry him. As the corpus has been vacillating and changing her decisions from time to time and as at one stage she stated that she intends to marry him and again resiled from the said decision and today again she stated that she does not want to marry him when the matter is taken up at 2.30 P.M.in the post-lunch session, we have specifically questioned her whether she has taken the said decision voluntarily as per her will and wish or whether any compulsion or force is used on her by her parents or relatives, she assertively stated that there is no such compulsion or force on her from her parents or anyone and that she has voluntarily taken the said decision. We have also given her time till 4.00 P.M to sit in the court hall and to take proper decision as it relates to her future. Again, when the matter is taken up at 4.00 PM and when she was questioned, she assertively stated that she does not want to marry the petitioner. When we asked whether she intends to talk to the petitioner, she stated that she does not want to talk to him. Therefore, as she has finally expressed her decision clearly stating that she does not want to marry the petitioner and as the corpus is a major, aged about 24 years and as she got the right to take her own decision as to whom she intends to marry and with whom she intends to stay and live, we have to take her decision into consideration while disposing of this petition. As she clearly expressed her intention stating that she does not want to marry the petitioner, no direction as sought for by the petitioner in this writ petition can be given. As it is not found from any material on record that she is illegally confined or detained in the house by her parents, who are the unofficial respondents herein as alleged in the writ petition, this Writ for Habeas Corpus is not maintainable. 8. Therefore, the Writ Petition is dismissed. There shall be no order as to costs. 6 CMR,J& VGKR,J W.P.No.35924 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _______________________________________________ JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO Date: 12.02.2026 SA/SCS 7 CMR,J& VGKR,J W.P.No.35924 of 2025 214 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY & THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO WRIT PETITION NO: 35924/2025 Date:- 12.02.2026 SA/SCS