Mohammed Sakil vs State Of Rajasthan And Others

The petitioner has approached this Court through this petition praying for issuance of writ of habeas corpus for production of his wife Smt. Mairaj @ Seema in this Court.

The petitioner claims that he and Mairaj were married to each other in the year 2004. Two children were born from the wedlock. However, Smt. Mairaj left the matrimonial home on 05.08.2022 without informing anyone. Her mobile phone was responding as switched off thereafter. The petitioner filed a missing person report at the Police Station Sadar Bazar, Jodhpur City (West) wherein he alleged that it was suspected that Smt. Mairaj had eloped with a Harijan boy, resident of Hakambagh.

Apparently, on a perusal of the pleadings of the habeas corpus petition, the missing person report lodged by the petitioner, the complaint submitted by him to the Police Commissioner, Jodhpur on 15.09.2022 and after appreciating the submissions advanced by the petitioner’s counsel, we are of the firm view that there is no material on record which can fortify the allegation of illegal confinement of the lady so as to warrant issuance of a writ of habeas corpus. Even as per the petitioner’s own case, his wife who is a major woman seems to have eloped with the respondent No.5. The grievance of the petitioner would be adverted to in the missing person report. Thus, expecting that enquiry of the missing person report shall be taken to its logical conclusion, the instant habeas corpus petition is rejected as being devoid of merit.