ASIYA FATHIMA Vs. MOHAMMED ABID

JUDGEMENT

(1.) The present writ appeal is arising out of the order dtd. 02.11.2021 passed by the learned Single Judge in W.P.No.25802 of 2021.

(2.) The undisputed facts of the case reveal that respondent No.1/writ petitioner has filed the writ petition before this court being aggrieved by the alleged action of the police in forcing him to handover the custody of minor child to the present appellant, who is the mother of the child. The facts further reveal that divorce took place between the appellant and respondent No.1/writ petitioner and there was a dispute in respect of custody of the minor child. As per the allegations of the appellant, respondent No.1/writ petitioner has forcibly taken the child away and for the same, a complaint was lodged by the present appellant. A crime was registered as Crime No.181 of 2021. Another important aspect of the case is that respondent No.1/writ petitioner has preferred a petition i.e., Crl.P.No.7091 of 2021, under Sec. 482 of Cr.P.C, wherein a direction was given to the police not to take coercive steps against the respondent No.1/writ petitioner. There is also a suit pending between the parties in respect of the custody of the child i.e., G.W.O.P.No.44 of 2021 before the Family Court, Malkajgiri, as respondent No.1/writ petitioner was being forced by the police to handover the custody of the child.

(3.) The learned Single Judge, after hearing the parties, has passed the following order:-