4 min readNew DelhiSep 5, 2026 01:00 PM IST
The Andhra Pradesh High Court has directed the police not to interfere in a pending matrimonial dispute, observing that the “police have no such power” and that involvement in a civil or potential civil dispute between two citizens is not within their role.
Justice Sunitha Gandham was hearing a plea by a 44-year-old man who alleged that the police were interfering in his matrimonial dispute and insisting that he produce his children.
“In the scheme of the Constitution of India, the duty to resolve civil disputes is entrusted to the judiciary, and the police have no such power; involvement of police in a pending civil dispute or potential civil dispute between two citizens or two groups of citizens is not within the provisions of the police,” the September 2 order read.
Multiple cases, FIRs
The man claimed that he got married to his wife in 2014 and added that it was a second marriage for both of them. They had two children from this marriage, but due to matrimonial disputes, his wife lodged a complaint in 2020 and filed a habeas corpus petition before the Telangana High Court seeking custody of the children. The plea requires a person under arrest or in detention to be brought before a judge so the court can decide if the detention is legal.
The woman also filed a guardianship and custody petition before a family court in Ranga Reddy district. The man added that later they settled their disputes and he paid a substantial amount towards permanent alimony. However, even after the settlement, the estranged wife allegedly continued to harass him, their children and his parents.
Justice Sunitha Gandham noted that the woman’s plea seeking visitation rights to her children was pending before the district court.
The man claimed that after both sides initiated cases against each other, the police, under the guise of one such case, had been insisting on the presence of the children and harassing him.
The wife, in her counter plea, admitted that cases in connection with matrimonial and other related issues were pending between them. She stated that her husband and his family had harassed her and taken custody of the children, forcing her to leave them.
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‘Police can’t interfere’
The high court noted that there are civil and matrimonial disputes between the man and his estranged wife but added that the police cannot interfere in such civil disputes. The Supreme Court has repeatedly held that when a dispute between two citizens is of a purely “civil nature”, the police have no authority to interfere when no crime is registered.
Justice Gandham noted that the woman’s counsel, advocate Arun Showri G, argued that she had filed an application seeking visitation rights and the same was pending before the district court and, being a mother, she had the right to see the children. “The said argument has to be advanced before the court concerned as this petition is filed by the petitioner seeking relief against the police for interfering in the civil and matrimonial disputes,” she added.
The government pleader argued that the police had not interfered in the civil and matrimonial disputes pending between the man and his wife, and had never insisted on the children’s presence, except for serving a notice on the man in connection with the criminal case.
Considering the same, the high court directed the authorities not to interfere with the matrimonial disputes between the man and his estranged wife, except in accordance with the law, and not to insist on the presence of the children.
Justice Sunitha Gandham noted that the woman’s plea seeking visitation rights to her children was pending before the district court.