Madhya Pradesh HC dismisses habeas corpus plea, says it can’t be used when not in illegal custody

The Madhya Pradesh High Court recently dismissed a Habeas Corpus petition and observed that it cannot be used as a weapon for production of corpus before the Court when the person is not in illegal detention or custody of any other.

A Habeas Corpus petition had been filed in the High Court alleging that the wife of the petitioner is in illegal custody and detention of her mother and father. The petitioner made a prayer that the police station be directed to produce the corpus before the High Court and relieve her from illegal custody of her mother and father.

A single-judge bench of Justice Vishal Dhagat while perusing the petition, found that petitioner had filed a petition under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights.

In said petition, it has been averred by petitioner that the corpus wants divorce from petitioner. She had left the house along with belongings and household articles. She is presently living in Patna with her parents.

Considering the dispute between the petitioner and corpus and also the fact that petitioner had filed an application for Restitution of Conjugal Rights, the Court held that it cannot be said that corpus is in illegal detention or custody of her mother and father.

It was also argued that corpus in restitution of conjugal rights is appearing through her counsel.

Therefore, the Bench dismissed the petition with the observation that it cannot be used as a weapon for production of corpus before the Court when she is not in illegal detention or custody of any person.

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