AP HC Upholds Detenu’s Autonomy, Releases Detenu to In-Law’s Custody

A division bench of the Andhra Pradesh High Court comprising Justice Ravi Nath Tilhari and Justice Challa Gunaranjan delivered a significant judgment in Writ Petition No. 30800 of 2024. The court ruled in favor of individual autonomy, especially concerning an adult’s choice of residence and marital association, while addressing a habeas corpus petition involving questions of legal majority and personal liberty.

Case Background  

The writ petition was filed by the father-in-law of the detenu, Baalina Srivalli, seeking her release from state custody. The petitioner argued that Srivalli, born on December 4, 2006, had attained majority as of December 3, 2024, and was therefore entitled to make her own decisions. The case also involved criminal proceedings against Srivalli’s husband under the Prohibition of Child Marriage Act, 2006, following an FIR lodged by her mother.

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Legal Issues  

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1. Determination of Majority: The primary issue was whether the detenu, Srivalli, had attained the age of majority as of the date of the petition.  

2. Autonomy and Marital Choice: Another critical issue was whether Srivalli could choose to live with her husband or his family against her parent’s wishes.  

3. State Custody and Habeas Corpus: The case examined whether the state home’s continued custody of Srivalli was lawful once she was declared an adult.

Court Observations  

The court meticulously examined the birth certificate and supporting documentation, confirming Srivalli’s date of birth as December 4, 2006. The judgment emphasized, “In view of the birth certificate and other official documents, it is established that the detenu is a major.” Justice Tilhari observed, “An adult’s autonomy, including their choice of residence and marital association, must be respected under the law.”

Addressing concerns raised by the respondents regarding her welfare, the court noted, “Srivalli has unequivocally expressed her willingness to reside with her father-in-law and not with her parents. Such a choice, made by an adult, cannot be disregarded without compelling justification.”

Decision of the Court  

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The court directed the respondents to release Srivalli from the Kandukuri Veeresalingam State Home and ensure her safe passage to her father-in-law’s residence. It further allowed the petitioner to pursue appropriate legal remedies for his son, who remains in judicial custody. The judgment concluded with the court granting Srivalli her freedom, reinforcing the principle of adult autonomy.

Case Details  

– Case Name: Writ Petition No. 30800 of 2024  

– Bench: Justice Ravi Nath Tilhari and Justice Challa Gunaranjan  

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– Petitioner: Father-in-law of Baalina Srivalli  

– Respondents: State and associated parties  

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