(1.) Petitioner seeks a Writ of Habeas Corpus directing the respondents herein to produce his wife Smt. Potharaju Venkata Lakshmi Sudha, daughter of P. Suryanarayana Murthy - fourth respondent and release her from unlawful and unjustified detention against her will and a further direction is also sought to Potharaju Venkata Lakshmi Sudha to join the society of the petitioner for leading conjugal life.
(2.) According to the petitioner, when he was studying M.B.A. Course at the Indian Institute of Advanced Management at Visakhapatham during the year 1993-95, he developed intimacy with P.V. Lakshmi Sudha who is the daughter of the fourth respondent and both of them decided to marry against the wishes of the parents. With the support of friends and well-wishers,, he married P.V. Lakshmi Sudha, daughter of the fourth respondent on 30-10-1996 in Lakshminarasimha Swami Temple, Bheemunipatnam, Visakhapatnam District and their marriage has also been registered in the office of the Registrar (Marriages), Bheemunipatnam on 30-10-1996 and a certificate to that effect has also been obtained from the said office on the same day.
(3.) Petitioner alleges that his marriage with P.V. Lakshmi Sudha, daughter of fourth respondent was not to the liking of the fourth respondent. The fourth respondent with the active connivance of the then Commissioner of Police, Visakhapatnam and with the active advice of the fifth respondent who is a practising advocate in Visakhapatnam Courts, hatched a conspiracy to break the marriage of the petitioner with said P.V. Lakshmi Sudha who is his daughter and adopted various methods in this direction. According to the petitioner, a false case is foisted against him and his family members in FIR No.258/96 on 26-12-1996 under Sections 498-A and 420 of IPC and Sec. 3(l)(i) of Dowry Prohibition Act by the fourth respondent. According to the petitioner, the fourth respondent foisted this false case as if his wife P.V. Lakshmi Sudha filed the complaint. Police personnel working in the offices of second and third respondents, in the guise of making investigations on the complaint so made, have created so much problems to the petitioner and his family members even though some of the family members of the petitioner are staying away and are not connected with the case. Apart from lodging the complaint, petitioner alleges that his wife P.V. Lakshmi Sudha, on the advice of his father and fifth respondent, had also filed a case in O.P. No.408 of 1996 under Section 12(l)(c) of the Hindu Marriage Act before the Family Court, Visakhapatnam praying for annulment of the marriage between the parties on the ground that the said marriage is performed by fraud and force. After elaborate enquiry, the Family Court dismissed the said O.P. by an order dated 23-6-1998 by holding that the marriage of the petitioner with said P.V. Lakshmi Sudha is performed with her consent.