Telangana High Court
Adi Akhila vs The State Of Telangana on 5 October, 2020
Author: Raghvendra Singh Chauhan
Bench: Raghvendra Singh Chauhan, B.Vijaysen Reddy
HIGH COURT FOR THE STATE OF TELANGANA
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.17319 OF 2020
05.10.2020
Between:
Adi Akhila
... Petitioner
and
The State of Telangana and others
...Respondents
Counsel for the petitioner : Mr. Raja Shekar Rao Salvaji
Counsel for the respondents : Mr. T. Sreekanth Reddy, GP for Home
The Court made the following:
2
ORDER:(Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Mr. Raja Shekar Rao Salvaji, the learned counsel for the petitioner, informs this Court that subsequent to filing of the present Habeas Corpus Writ Petition, the petitioner has also filed an O.P, before the learned trial Court, for seeking permanent custody of her child, namely Hari. According to him, the said O.P is still pending before the concerned Court.
Once the petitioner has filed a petition for seeking permanent custody of the child, she cannot be permitted to do forum shopping by approaching this Court, under Habeas Corpus jurisdiction, while pursuing her remedies before the learned trial Court.
Since the application for seeking the permanent custody, which would necessarily include temporary custody of the child also, has been filed by the petitioner, she is free to pursue the said remedy before the concerned Court.
For the reasons stated above, this Court does not find any merit in the present Habeas Corpus Writ Petition; it is, hereby, dismissed. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall stand closed.
______________________________ RAGHVENDRA SINGH CHAUHAN, CJ ____________________ B. VIJAYSEN REDDY, J 05th October, 2020 LRKM 3 High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.17319 OF 2020 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 05.10.2020 LRKM