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ALLAHABAD HIGH COURT
Shamim Ahmed, J.
Aarfa Bano Thru. Mohd. Hasim – Petitioner
versus
State of U.P. Thru. Prin. Secy. Home Lko. And Ors. – Respondents
Habeas Corpus Writ Petition No.148 of 2023
Decided on 16.5.2023
Constitution of India, 1950 – Article 226 – Writ of Habeas corpus – Locus standi of father in law – Married daughter staying with parents – Marriage is contract as per Muslim Law and husband is bound to give protection, shelter and fulfill all desires and day to day requirements of his wife – After marriage husband of detenue is living and earning in Kuwait and detenue is living with her parents – It cannot be said that she is in illegal detention – It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living there – Even if there is any grievance, husband has remedy to approach before appropriate forum, but not father-in-law, as he has no locus at all. [Para 5]
Result: Petition disposed of.
JUDGMENT
Shamim Ahmed, J.—Heard Shri Sikandar Zulqarnain Khan, the learned counsel for the petitioner, Shri Sushil Kumar Mishra, the learned A.G.A.-I for the State-respondent Nos. 1 and 2 and perused the record.
2. The present habeas corpus petition has been filed with the following prayer:
“(i) issue a writ, order or direction in the nature of habeas corpus directing the opposite parties to produce the detenue before this Hon’ble Court who is illegally detained by the opposite party No. 3 and 4 without any reason since 2021 and free to her from illegal custody.
(ii) issue any other writ order or direction which this Hon’ble court may just and proper also kindly be passed in favour of the detenue.
(iii) allow writ petition in favour of the detenue with costs.”
3. This petition has been filed by the father-in-law of the detenue, with the prayer that his daughter-in-law, who is married with the son of petitioner, is in illegal custody of her parents, thus, custody of detenue be given to her father-in-law as her parents are not allowing her to go to her matrimonial house. It has further been stated in the petition that husband of detenue, who is son of petitioner is living in Kuwait for earning his livelihood.
4. Shri Sushil Kumar Mishra, the learned A.G.A.-I has raised a preliminary objection by submitting that the present petition has not been filed by the husband of the detenue and it has been filed by the father-in-law of the detenue, thus, it is not maintainable.
5. Marriage is a contract as per the Muslim Law and husband is bound to give protection, shelter and fulfill all the desires and day to day requirements of his wife. After marriage the husband of the detenue is living and earning in Kuwait and detenue is living with her parents, thus, it cannot be said that she is in illegal detention. It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living there. Even if there is any grievance, the husband has remedy to approach before appropriate forum, but not the father-in-law, as he has no locus at all.
6. With the above observations, the present habeas corpus is finally disposed of.
SupremeToday
Writ of Habeas corpus – Maintainability – Married daughter staying with parents – Locus standi of father in law – Grievance of that wife staying at her parents place only husband has remedy to approa....
The main legal point established in the judgment is that the writ of habeas corpus is an extraordinary remedy and may only be granted on reasonable grounds or probable cause. The power to issue the w....
A habeas corpus petition is not maintainable where there is no illegal detention and the child is in mother's custody.
The judgment emphasizes the limited scope of Habeas Corpus Petition and the requirements for a valid marriage under Mohammed Law and civil contract principles.
Habeas corpus is not maintainable where the detenu is not shown to be in illegal detention.
A wife leaving home voluntarily does not constitute illegal detention under habeas corpus law.
Voluntary statement by detenue negates illegal custody claim in habeas corpus petition.
The court in habeas corpus proceedings can rely on the wishes of the detainee to establish the legality of detention.
Habeas corpus is not maintainable where the alleged detenue voluntarily travels abroad and confirms her position to the Court.
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