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HIGH COURT OF RAJASTHAN
Maneesh Sharma, Anand Sharma, JJ
Arvind Malav – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner asserts marital status and illegal detention to invoke habeas corpus jurisdiction. (Para 1 , 2 , 3 , 5) |
| 2. failure to establish prima facie evidence of illegal restraint prevents judicial intervention. (Para 4 , 6) |
| 3. habeas corpus is an extraordinary remedy and cannot override civil/criminal procedures for purely marital or family disputes. (Para 7 , 8 , 9) |
| 4. dismissal of petition without prejudice to pursuing alternative legal remedies for restitution of conjugal rights. (Para 10 , 11 , 12 , 13) |
1. The instant petition under Article 226 of the Constitution of India for the issuance of a prerogative writ of habeas corpus has been filed by the petitioner, claiming to be the husband of the corpus. It is stated, inter alia, that the corpus is the lawfully wedded wife of the petitioner and has been illegally detained by her father, i.e., respondent No. 5-Ramesh Chand Malav.
2. Brief facts giving rise to the present writ petition are that the petitioner and the corpus-Smt. Seema Malav, are both majors. The petitioner alleges that he and the corpus have solemnized their marriage, in support of which he has produced a marriage certificate dated 26.04.2026
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