GUDDU @ GOVIND Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by the petitioner seeking release of his alleged wife Smt. Babli daughter of Shri Gopal. Notices had been issued to the respondents and it was revealed by the respondent that in fact against the petitioner proceedings u/s 498A, IPC as well as 125 Cr.P.C. for maintenance had been going on from the side of the wife of the petitioner and since the petitioner failed to appear before the court, warrant of arrest was issued against the petitioner. It was further submitted that without disclosing these facts, the petitioner has submitted this petition that the wife of the petitioner had been unlawfully detained by her father. It has also been brought to our notice that an amount of Rs. 54,000/ - is said to be outstanding against the petitioner towards maintenance and under these compelling circumstances, the petitioner has filed this habeas corpus petition without disclosing the above facts. The above facts are not in dispute, as submitted by the counsel for the petitioner though it was submitted that subsequently, the petitioner appeared before the learned court below who was released on bail.

(2.) WE are of the view that prima facie, this is misuse of the forum of habeas corpus, by the petitioner. It was the duty of the petitioner to have disclosed all these facts to the Learned Counsel and the counsel who is a trained person was also duty bound to have enquired from the petitioner all the relevant facts before submitting the petition.