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Judgment
The present Writ Petition for Habeas Corpus has been filed by the petitioner seeking a direction to the respondent Nos.2 and 3 to produce the respondent Nos.4 and 5 before this Court and to set them at liberty.
The petitioner claims to be the father of the alleged detenues, who are his minor daughters, aged 10 and 8 years, respectively. The alleged detenues have been arrayed as the respondent Nos.4 and 5 in the Writ Petition. The respondent No.3 is the wife of the petitioner.
Learned counsel appearing for the petitioner submits that the petitioner and the respondent No.3 obtained a divorce by way of a Customary Divorce Deed dated 16.06.2024, pursuant to which the petitioner agreed to jointly bear the educational expenses of the minor children. According to counsel, the respondent No.3 left the matrimonial home and has been residing separately with the minor children since 16.06.2024. Counsel further submits that the petitioner is unaware of the address or whereabouts of the respondent Nos.3 to 5.
The Written Instructions placed by the learned Assistant Government Pleader appearing for the State respondents contain photographs of the respondent Nos.3 to 5 at the Borabanda Police Station, S.R. Nagar Division, West Zone. According to the Written Instructions, the photographs were taken when the respondent No.3 along with the minor children, went to the police station to show that the minor children were in her care and protection.
On being specifically questioned, counsel appearing for the petitioner submits that the petitioner had also filed a Guardianship and Wards Original Petition (G.W.O.P.No.4 of 2025) before the learned Principal District and Sessions Judge, Nagarkurnool District at Nagarkurnool. However, the said G.W.O.P. was dismissed for default on 03.10.2025.
Admittedly, the petitioner has not taken any steps for restoration of the G.W.O.P. till date. This is also the stand taken by counsel appearing for the petitioner.
Considering the submission of counsel appearing for the petitioner that the petitioner seeks to know the present location and address of the respondent Nos.3 to 5, we deem it appropriate to hold that such a prayer cannot be granted in the present Writ Petition. This is particularly so, since the petitioner has not taken any steps to pursue the G.W.O.P filed by him seeking custody of the minor children. Furthermore, the petitioner and the respondent No.3 were divorced by way of a Customary Divorce Deed dated 16.06.2024. Therefore, any further relief sought for by the petitioner with regard to the custody of the alleged detenues can only be made before the competent Family Court.
W.P.No.27216 of 2026, along with all connected applications, is accordingly dismissed. There shall be no order as to costs.