APHC010717122025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 36601/2025 Between: 1. KOLLIBOYINA VEERA PRATAP, S/O. PEDDA OBANNA AGED 59 YEARS, OCC- CULTIVATION, R/O. D.NO.3 VILLAGE, PRODDUTUR MANDAL, Y.S.R.KADAPA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522238. 2. THE SUPERINTENDENT OF POLICE, Y.S.R.KADAPA DISTRICT AT KADAPA - 516001. 3. THE SUB DIVISIONAL POLICE OFFICER, MAHILA POLICE STATION, KADAPA, Y.S.R.KADAPA DISTRICT 4. THE STATION HOUSE OFFICER, PRODDUTUR RU STATION, PRODDUTUR, 5. CHALLAPALLI RAKESH, S/O. CHINRANJEEVI, AGED ABOUT 20 YEARS, OCC - PRIVATE EMPLOYEE, R/O. RAMADASU VILLAGE, CHAPADU MANDAL, Y.S.R.KADAPA DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 36601/2025 KOLLIBOYINA VEERA PRATAP, S/O. PEDDA OBANNA AGED 59 CULTIVATION, R/O. D.NO.3-126, SEETAMPALLE VILLAGE, PRODDUTUR MANDAL, Y.S.R.KADAPA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE SUPERINTENDENT OF POLICE, Y.S.R.KADAPA DISTRICT AT VISIONAL POLICE OFFICER, MAHILA POLICE STATION, KADAPA, Y.S.R.KADAPA DISTRICT -516001. THE STATION HOUSE OFFICER, PRODDUTUR RU STATION, PRODDUTUR, Y.S.R.KADAPA DISTRICT - 516360. CHALLAPALLI RAKESH, S/O. CHINRANJEEVI, AGED ABOUT 20 PRIVATE EMPLOYEE, R/O. RAMADASU VILLAGE, CHAPADU MANDAL, Y.S.R.KADAPA DISTRICT - 516355. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3558] THE TWENTY FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA KOLLIBOYINA VEERA PRATAP, S/O. PEDDA OBANNA AGED 59 126, SEETAMPALLE VILLAGE, PRODDUTUR MANDAL, Y.S.R.KADAPA DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - THE SUPERINTENDENT OF POLICE, Y.S.R.KADAPA DISTRICT AT VISIONAL POLICE OFFICER, MAHILA POLICE STATION, THE STATION HOUSE OFFICER, PRODDUTUR RURAL POLICE 516360. CHALLAPALLI RAKESH, S/O. CHINRANJEEVI, AGED ABOUT 20 PRIVATE EMPLOYEE, R/O. RAMADASU VILLAGE, 516355. ...RESPONDENT(S): 2 CMR,J & GTK,J W.P.No.36601 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS directing the respondents 2 to 4 for production of victim person who is petitioners daughter by name Kolliboyina Bhavani, D/o. Kolliboyina Veera Pratap, aged 17 years 10 months, born on 20-02- 2008, Occ Student, R/o. D.No.3-126, Seetampalle Village, Proddutur Mandal, Y.S.R.Kadapa District before this Honble Court by removing from the illegal custody of 5th respondent or anybody else and consequently direct the respondents to set petitioners daughter be free, in the interest of justice and 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 to direct the respondents 2 to 4 to produce the victim person who is petitioner’s daughter by name Kolliboyina Bhavani, D/o. Kolliboyina Veera Pratap, aged 17 years 10 months, born on 20-02-2008, Occ: Student, R/o. D.No.3-126, Seetampalle Village, Proddutur Mandal, Y.S.R.Kadapa District, before this Hon’ble Court by removing from the illegal custody of 5th respondent or anybody else and set her be free pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. RAMALAKSHMANA REDDY SANEPALLI 2. THE ADVOCATE GENERAL 3 CMR,J & GTK,J W.P.No.36601 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 Constitution of India is filed seeking direction to respondent Nos.2 to 4-Police officials to produce the corpus by name Kolliboyina Bhavani, who is a minor girl, before the Court, who is said to be in the illegal custody of respondent No.5 and then to set her at liberty. 2. Heard Ms. T.Sirisha, learned counsel representing Mr. C.Rajendra, learned counsel for the petitioner, learned Assistant Government Pleader attached to the office of learned Advocate General appearing for official respondent Nos.1 to 4 and Ms. Vandana, learned counsel representing Mr. S.Ramalakshmana Reddy, learned counsel appearing for the unofficial respondent No.5. 3. The petitioner is the father of the corpus, by name, Kolliboyina Bhavani. According to him, the unofficial respondent No.5 has illegally detained the corpus in his custody, who is a minor, after taking her away from the lawful custody of her parents. Therefore, he has filed the instant writ petition, seeking the aforesaid relief. 4. When the matter came up for admission earlier on 06.01.2026, while ordering notice to the unofficial respondent No.5, we have directed respondent No.4-Station House Officer of Proddutur Rural Police Station to produce the corpus before the Court. Pursuant to the said direction, the corpus was produced before the Court on 08.01.2026. 5. When we have interacted with the corpus personally in isolation in our chambers, she has categorically stated that she married the unofficial respondent No.5 on 21.12.2025 and since then, she has been residing with the unofficial respondent No.5 in his house at Kodur Village and that she was taken by the Police from the custody of the unofficial respondent No.5 on the 4 CMR,J & GTK,J W.P.No.36601 of 2025 night of 06.01.2026 and kept her in a hostel in Kadapa and thereafter, brought her to the Court on that day and produced her before the Court. She has further stated, answering the question put to her by the Court, as to with whom she is willing to stay, that she is willing to stay and reside with the unofficial respondent No.5, who is her husband and that she is not willing to accompany her parents and stay with them, who are present in the Court on that day. 6. From the material that was produced by the petitioner, who is the father of the corpus and particularly from the copy of the birth certificate issued by the Registrar of Births and Deaths, the date of birth of the corpus is shown as 20.02.2008. Even in the certificate issued by the Doctor of the Hospital where she was born, her date of birth is shown as 20.02.2008. But, the learned Assistant Government Pleader has submitted that the certificate of tenth class produced by the corpus before the Police revealed that her date of birth was 20.07.2007 and that she is a major. 7. As it is settled law that when there is inconsistency in the date of birth of a person between the birth register extract and the school certificate, as the birth register extract will prevail over the school certificate, we have take into consideration the birth register extract to arrive at the correct date of birth of the corpus and to decide whether she is a minor or not. As the birth register extract is maintained by a public servant in discharge of his official duty under Section 35 of the Indian Evidence Act, 1872, a presumption of genuineness is attached to it. The said law has been clearly dealt with by the Apex Court in the case of CIDCO v. Vasudha Gorakhnath Mandevlekar 1 . Therefore, considering the said law enunciated in the aforesaid judgment of the Apex Court, we have taken into consideration the birth register extract of the corpus, wherein, her date of birth is shown as 20.02.2008 and it is found that she was a minor at that time. The certificate of tenth class, which contained the date of birth of the corpus as 20.07.2007, is not considered to hold that she was a 1 (2009) 7 SCC 283 5 CMR,J & GTK,J W.P.No.36601 of 2025 major at that time. Therefore, as we found that she was a minor at that time, though she has expressed her intention to stay with the unofficial respondent No.5 whom she married and not with the parents, as it is not possible under law to allow her, who is a minor, to accompany the unofficial respondent No.5, we have directed the respondents-Police to keep the corpus in Prajwala JMJ Open Shelter for Girls, Vijayawada, till 20.02.2026, the day on which she attains her age of majority. As she was not willing to stay in the hostel of Kadapa, the Police were directed to keep her in Prajwala JMJ Open Shelter for Girls, Vijayawada. Therefore, we have ordered to list the matter on 20.02.2026. The matter is again listed today. As directed, the corpus is produced before the Court today. As on today, as per her birth register extract, she has attained her age of majority on 20.02.2026. Therefore, she is a major at present. So she is free to take decision voluntarily as per her own will and wish as to with whom she intends to stay and reside. 8. Today, when we have questioned her in the open Court, to our surprise, she has resiled from the earlier decision expressed by her before the Court that she is willing to stay and reside with the unofficial respondent No.5 and she is not willing to accompany her parents and stay with them. Now, she has categorically and assertively stated that she intends to accompany her parents and stay and reside with them. When we have questioned whether she has taken the said decision as per her free will and wish without any compulsion or duress, she has assertively stated before the Court that she has taken the said decision to live with her parents voluntarily with her free will and wish and that there is no compulsion or force on her either from her parents or from anyone. We have also questioned as to why she has changed her decision when she has earlier expressed her intention to stay with the unofficial respondent No.5 and refused to accompany her parents, she could not give any proper answer, but stated that she is willing to stay with her parents and pursue her further studies. When we have also explained the consequences of her decision that it may affect her future life, as nobody may come forward to marry her and 6 CMR,J & GTK,J W.P.No.36601 of 2025 asked her to take proper decision, she again reiterated her decision assertively stating that she intends to stay with her parents only. As her parents are also present in the Court, we have also interacted with her parents and explained to them as she has clearly stated that she married the unofficial respondent No.5 on 21.12.2025 and has been residing with him in his house that if she now stays with them whether they can take care of her future or not and we have also informed them that it may affect her future. They stated that they can manage to perform another marriage to her. We have sent away the parents out the Court and again interacted with the corpus and asked her to take her decision with her free volition, as her parents are not available in the Court hall. Again she has expressed the same decision stating that she intends to accompany her parents and stated that she can take care of her future. 9. Therefore, even though she has earlier stated that she has married the unofficial respondent No.5 when she was a minor and that she resided with him in his house and expressed her willingness to stay and reside with him and refused to go with her parents, now she has changed her decision and expressed her willingness to go with her parents and stay and reside with them. As she is a major at present, she got every right to take her own decision as to with whom she has to stay and reside. As she has clearly, unequivocally and assertively, in spite of persuasion of the Court, expressed her intention to stay and reside with her parents only, we have no other option except to allow her to accompany her parents. 10. Therefore, the Writ Petition is disposed of, permitting the corpus, who is a major at present, to accompany her parents with whom she is willing to stay and reside. However, if the unofficial respondent No.5 intends to pursue his matrimonial rights, he has to pursue his remedy in the appropriate Court. At this juncture, we have to also make a mention that as the marriage of the corpus with the unofficial respondent No.5 took place when she was a minor, as per law, the corpus got right, after attaining the age of majority whether to 7 CMR,J & GTK,J W.P.No.36601 of 2025 ratify the said marriage or to repudiate the said marriage. We are not going to express anything more on the said aspect, as the same has to be decided by the competent Court, if at all the unofficial respondent No.5 pursues his rights in the competent Court of law. As a sequel, Interlocutory Applications pending, if any, shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY _____________________________ JUSTICE TUHIN KUMAR GEDELA Date: 24.02.2026 MDP