Habeas Corpus petition cannot be used to settle custody issues arising from marital disputes.

(Order of the Court was made by N. ANAND VENKATESH,J.)

This petition has been filed for a direction to the first and second respondents to produce the body or person of the detenue, who is the daughter of the petitioner and to set her at liberty.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that her daughter is in the illegal custody of the fourth respondent, since the fourth respondent is said to have forcibly taken the daughter to his house. The fourth respondent is none other than the husband of the petitioner. According to the petitioner, her daughter has some mental ailments and she is not being properly taken care by the fourth respondent. The petitioner is also not permitted to meet the daughter, who has been illegally detained by the fourth respondent. A complaint was given to the first and second respondents. Since no effective steps were taken to enquire the complaint, the present Habeas Corpus Petition has been filed before this Court.

4. In our considered view, the detenue is admittedly the daughter of the petitioner and the fourth respondent. The detenue is in the custody of the fourth respondent and by no stretch, it can be called as the illegal detention. There is some dispute between the petitioner and the fourth respondent and therefore, it has to be resolved only before the appropriate forum. Choosing the jurisdiction under Article 226 of the Constitution of India to resolve a dispute of this nature is unfounded. Hence, it is left open to the petitioner to work out the remedy in the manner known to law.

5. This Habeas Corpus Petition is disposed of in the above terms.