MARAM KISHOR KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed for issuance of writ of Habeas Corpus directing the official respondents to produce the minor daughter of the petitioner herein, namely baby Maram Dohati, aged about four (04) years and set her at liberty.

(2.) The petitioner contends that he was married to one, P. Kusuma Kumari, and that during the wedlock, two (2) children were born to them, aged 12 years (boy) and 4 years(girl) and that recently 13/9/2023, his wife died due to heart ailments and that he and his parents are looking after the children. It is represented that the elder child is pursuing his education in a residential school, and the younger child is staying with him and is going to school. On 1/11/2023, while the younger child was attending to her classes at school, and when his mother went to the school, to pick her up for lunch, the younger kid was found missing at the school and that on enquiry he came to know that his wife's relatives have taken away his younger kid without informing him. He states that when he tried to reach out to his in-laws, he could neither find them, nor his daughter was set back to him. Which, he states, has necessitated filing of the present Writ Petition.

(3.) The respondent Nos.5 and 6 filed their counter affidavit, denying the averments of the petitioner. It is stated by them that the petitioner had never taken care of his deceased wife i.e., their daughter. And that during her life time, she had taken few insurance policies and after her death, it is contended that the petitioner had demanded them to pay the insurance amounts to him, and that when they have refused to succumb to his demands, he had tried to pressurize them through anti social elements. It is further stated that he had even refused to permit them to see the elder grandson, who is studying in school staying in school hostel. Respondent Nos.5 and 6 have pleaded for custody of the grandchild baby Maram Dohati, be given to them. They further stated that the death benefits of their daughter, either it be the insurance or employment benefits, should solely belong to the children of their deceased daughter Smt. P. Kusuma Kumari.