Andhra Pradesh High Court Allows Habeas Corpus Petition by Husband in Interfaith Marriage to Release Wife

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The High Court of Andhra Pradesh recently granted leave to the Petitioner’s motion for an order requesting the police authorities to bring the Petitioner’s wife to Court and release her.

The facts of the case were that an inter-religious marriage was solemnized between the applicant and the detainee according to the rites and customs of the Christian religion against the will and wishes of the parents and other relatives of the detainee. Because of the celebration of their marriage, parents and relatives of the detainees resented them and began to harass them with the active help of the police authorities.

It was stated that the police authorities went to the petitioner’s home, manhandled his family numbers including the detainee and forcibly abducted the petitioner’s wife. Efforts by the applicant and members of his family to obtain the presence of the detainee proved unsuccessful. The action of the police authorities in detaining her was clearly untenable and untenable. Hence the write request.

The Court ordered the official defendants to produce the detention before the relevant first class magistrate. Pursuant to the order, the law enforcement authorities had produced the inmate and upon the production thereof, the inmate stated that she was unwilling to stay with their parents and reported that there was no security for her life and that she was of legal age and wanted to live with the applicant.

The petitioner and the inmate were ready to live together. While waiting for the writ petition, the inmate’s mother wanted to be named as a defendant in the writ petition.

However, the bench composed of Judge Dr. K. Manmadha Rao and Judge Tarlada Rajasekhar Rao after reviewing the facts and submissions, he concluded that there was no reason for parental interference as the parties were of legal age and wanted to live together.

The petitioner was ordered to return to detention to lead a happy married life. The motion in brief was therefore dismissed.

Case title: Chunduru Karthik v Andhra Pradesh State

Click here to read/download the order

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