0

In the case of inter-religious marriage, a writ petition by the husband was allowed asking the police authority to set free the detenu wife: Andhra Pradesh High Court

In the case of Chunduru Karthik Versus The State of Andhra Pradesh (WRIT PETITION NO.14503 of 2022) the Andhra Pradesh HC through the learned bench led by Justice K. Manmadha Rao and Justice Tarlada Rajasekhar Rao allowed the petitioner who filed a writ petition secure the presence of petitioner’s wife before the Court and set her at liberty against the unlawful detention by the police authority.

Facts of the case: the petitioner and the detenu were married and both belonged to different religions and the marriage was performed as per Christian rituals which were against the will of the parents and other relatives of the detenu. Due to this, the relatives of the detenu started harassing the couple with the active assistance of police authorities.

It was alleged that the police officers often visited the petitioner’s house and harassed his family members including the detenu by forcefully abducting the petitioner’s wife and so the efforts of the petitioner and his family members in securing the presence of the detenu ended futile. The actions of the police were hostile and such detention of detenu was untenable. Therefore, the petitioner filed a writ petition of habes corpus.

Judgment: The court ordered the officers to produce the detenu before the judicial first class magistrate and once presented the detenu stated that she did not want to live with her parents and that they were a threat to her life and as she is a major she wanted to live with the petitioner. During the pendency of the petitioning mother of the detenu wanted to be impleaded as the respondent in the writ petition.

After listing to both the arguments the court concluded as both the parties are major and wanted to live together the interference of the parents is not required. The petitioner was granted his right and the detenu was asked to be released and so the writ petition was disposed of.

PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime Legal falls into a category of Best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.

JUDGEMENT REVIEWED BY MANAL NASEEM

Click Here To View Judgement

 

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat