B. PRIYANKA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel representing Sri Ravinder Reddy Muppu, leaned counsel for the petitioner, Sri Godugu Mallesham, learned Asst. Govt.Pleader for respondents 1 to 3 and Sri A.Prabhakar Rao, learned counsel for 4th respondent.

(2.) This writ petition is filed seeking a direction to the respondents 1 to 3 to produce the minor children i.e. Baby D.Devanshi aged about 7 years and Baby D.Vivanshi, aged about 2 years from the unlawful custody of 4th respondent, their natural father, before the Court and to hand over the children to the petitioner, their natural mother.

(3.) The marriage of the petitioner is performed with 4th respondent who is none other than the son of the petitioners' paternal aunt on 15/8/2014. It is a love marriage. They are blessed with two daughters i.e. Baby D. Devanshu born on 12/11/2016 aged about 7 years and Baby D. Vivanshi, born on 12/8/2021 aged about 2 years Thereafter, disputes arose between them. According to the petitioner, 4th respondent and his family members harassed her both physically and mentally saying that she gave birth to female children. 4th respondent necked her out of their house on 5/5/2023. Since then she along with her two daughters is residing at her parents house. On 23/6/2023, 4th respondent, without her permission, took away elder child from school. On the next day, he requested her parents to attend family function at his house and to send the younger daughter and assured that he will return both the children soon. When she asked him to return the children, he demanded 20 lakhs as dowry, otherwise he would not return the children. On 5/7/2023, she went to his house and asked to hand over the children, for which he along with his mother D. Vijayalakshmi and his brother D. Rajesh refused to hand over her children. Instead of returning the children, they beat her, abused and snatched her cell phone. Then she lodged a complaint with 3rd respondent against them alleging that 4th respondent demanded Rs.20,00,000.00 from her to return her children. Despite receiving and acknowledging the same, 3rd respondent did not register any case and not taken any action. Thereafter, she made a complaint before the Deputy Commissioner of Police, West Zone, Hyderabad on 10/7/2023 but no action was taken. Then she lodged a complaint on 13/7/2023 before 2nd respondent but in vain for the reasons best known to them. Aggrieved by the inaction of the official respondents, she has filed W.P.No.20657 of 2023 seeking a direction to 3rd respondent to register FIR and to hand over her children to her. Later she withdrew the same and filed the present writ petition. If the custody of the children is not given, she and her children are put to mental agony. Therefore, the present writ petition.