ALOK TIWARI Vs. STATE

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by the petitioner Alok Tiwari alleging that his so called wife Arpita-daughter of respondent No. 4 Ambika Prakash Pathak is under the illegal detention of her father and she is not allowed to live with her husband-petitioner herein. On the aforesaid averment, a show cause notice was issued to the respondents which included respondent No. 3- the Station House Officer, P. S. Bani Park, Jaipur and respondent No. 4 - Ambika Prakash Pathak directing the S. H. O. to produce the detenu as the court comes across cases when even a major girl is pressurised to live with anyone including her parents against her wishes.

(2.) THE matter thereafter was listed on 3. 8. 2007 when we had made it clear to the petitioner that he should be absolutely sure that his wife is under the illegal detention of her father as it is not appropriate to seek settlement of a matrimonial or personal dispute by filing a habeas corpus petition as that is surely not the scope of a habeas corpus petition. We, therefore, directed that the petitioner shall deposit a sum of Rs. 5,000/- by way of a demand draft with the Dy. Registrar (Judl.) by way of security deposit, making it clear that if the wife of the petitioner appears and states that she is living willingly with her parents and is not interested in living with her husband, the remedy to be sought by the petitioner should be before the Family Court and not by way of a habeas corpus petition as that amounts to misure of this provision involving the legal exercise of the court, the Investigating Officer's time and energy and several others in the process. What we meant to emphasize was that whenever a habeas, corpus petition is filed, the petitioner should be absolutely sure that he is moving a court of law in order to get the person released from illegal detention but this legal remedy is certainly not meant to settle a dispute which emerges out of a matrimonial discord or any other family disharmony. This has become a regular practice as we encounter large number of petitions where habeas corpus petitions are filed merely to take the assistance of the Court to sort out their family disputes which certainly do not fall under the ambit and scope of habeas corpus petitions. Hence, we had made it clear to the petitioner that in case the wife of the petitioner states that she is living willingly with her father, the amount deposited shall be handed over to the Investigating Officer to be deposited in the Police Welfare Fund as no person including the petitioner should be allowed to entangle the investigating agency to short out his matrimonial dispute and also waste the time of the Court by misusing the legal process.

(3.) THE petition accordingly stands dismissed. .