(Prayer: 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of HABEAS CORPUS to produce Smt. Udaya Sirisha, W/o T. Durga Prasad bearing Aadhaar No.7817 7221 3340 from the illegal custody of the 4th Respondent before this Hon’ble Court and to hand over to the Petitioner, in the interest of justice, and to pass such)

Cheekati Manavendranath Roy, J.

1. Heard Mr. Sai Gangadhar Chamarty, learned counsel for the petitioner and learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for official respondent Nos.1 to 3. Ms. Nimmagadda Revathi, learned counsel submits that she has filed vakalat for unofficial respondent No.4 in the Registry today with USR.No.40050 of 2026. Registry is directed to print the name of Ms. Nimmagadda Revathi, learned counsel for respondent No.4. Heard Ms. Nimmagadda Revathi, learned counsel for respondent No.4.

2. This writ petition under Article 226 of Constitution of India, for Habeas Corpus, is filed seeking direction to the 4th respondent to produce the corpus before the Court, who is alleged to have been in illegal custody of the 4th respondent and then to set her at liberty.

3. When the matter came up for admission on 23.03.2026, learned Assistant Government Pleader took notice for official respondent Nos.1 to 3 and requested time to seek instructions. While issuing notice to unofficial respondent No.4 and directing the 3rd respondent-Station House Officer of Razole Police Station to produce the corpus by name Udaya Sirisha before the Court today, the matter is ordered to be listed today.

4. Today the corpus is produced before the Court by the 3rd respondent- Station House Officer of Razole Police Station.

5. According to the case pleaded by the petitioner, he and the corpus are in love with each other and both of them got married on 16.12.2023, as per Hindu Rites and Customs at Arya Samaj, Hyderabad of Telangana State. After solemnisation of the said marriage, their marriage was also registered in the Registrar Office of Rajanagaram of East Godavari District, on 29.12.2023 and a marriage certificate to that effect was also issued to them. Thereafter, they lived together in Hyderabad till January, 2024. While so, the corpus has left for her parents house to attend the Sankranthi festival, 2024 and thereafter, she was not permitted by the 4th respondent, who is her father, to join the petitioner. When the petitioner enquired, he was informed that their marriage was not accepted by the parents of the corpus and she was illegally detained in their residence by her parents. After coming to know about the same that he visited the house of the 4th respondent and tried to convince the parents of the corpus and all his efforts proved futile.

6. As the petitioner has been residing in Hyderabad in pursuance of his employment, as he is working in TENON as Technical Engineer, he has sent Whatsapp messages through mobile phone to the corpus and she replied asking him to wait till the consent of her parents is given. But, till now she did not join him. Thereafter, from 28.02.2026, the petitioner did not receive any phone calls or messages from the corpus. So he has suspected that the corpus has been illegally detained and he approached the 3rd respondent- Station House Officer of Razole Police Station, to secure the custody of the corpus, who is his wife. The Assistant Inspector of Police and one lady constable visited the house of the 4th respondent and came back and informed that the corpus is not willing to talk to the petitioner. Therefore, alleging that the corpus has been illegally confined and detained by the 4th respondent, who is her father, the instant writ petition for Habeas Corpus has been filed, seeking the aforesaid direction.

7. Today, when the corpus is produced before the Court, pursuant to our direction given earlier, we have interacted with the corpus in the open Court. She admitted that she married the petitioner and their marriage was solemnized on 16.12.2023 in Arya Samaj of Hyderabad. She stated that after the marriage that she went to her parents’ house on 09.01.2024 due to some health issues and since then she has been residing with her parents at their residence. To a pointed question, whether she is now willing to join the petitioner, as admittedly she married him, she refused to join the company of the petitioner. She has expressed her willingness to stay with her parents at their residence. When questioned as to what is the reason for not joining the company of the petitioner, she has stated that she subsequently came to know that he had a love affair with two other girls earlier and as such, she is now not willing to join his company and lead marital life with him. When the Court has cautioned her to take a proper decision, as she has admittedly married the petitioner, it may have an adverse impact on her future life, she has stated that she is aware of the consequences and she has consciously taken a decision not to join the company of the petitioner and to stay with her parents. When questioned whether there is any pressure or compulsion on her to give any such statement before the Court, she has categorically stated that there is no pressure or compulsion on her from any one or from her parents and that she has taken the said decision voluntarily with her free will. In spite of the assurance given by the Court that adequate protection will be provided to her if she intends to join the company of the petitioner and live with him and if there is any pressure or compulsion on her not to join him, she has clearly and categorically stated that there is no such pressure or compulsion on her and she has taken the said decision voluntarily as per her will and wish.

8. The corpus is a major, aged about 27 years at present as her date of birth is 22.03.1999. Therefore, as she is a major, she is at liberty to take decision as to with whom she intends to stay and live. As it is not found that there is any compulsion on her to stay away with the petitioner and as it is not found that she has been illegally confined or detained by the 4th respondent, as alleged by the petitioner, this writ petition for Habeas Corpus is not maintainable.

9. Therefore, this Writ Petition is dismissed. The corpus is free to live along with her parents, as per her wish. However, if the petitioner intends to pursue his matrimonial rights, he is at liberty to pursue his matrimonial rights in the appropriate forum.

10. The corpus has stated that her original certificates of the tenth class and intermediate are with the petitioner. Therefore, the petitioner is directed to immediately hand over the tenth class and intermediate certificates of the corpus to the 3rd respondent-Station House Officer of Razole Police Station within one week from date of this order and he in turn shall hand over the same to the corpus by name Udaya Sirisha. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.