Rajabeti vs State Of Madhya Pradesh And Others

Anand Pathak, J

The instant petition under Article 226 of the Constitution of India is in the nature of habeas copus.

Petitioner is mother-in-law of corpus and as per allegations, corpus is in illegal confinement of respondent No.3, who is father of corpus.

It is the submission of counsel for petitioner that petitioner's daughter-in-law (corpus herein) solemnized marriage with petitioner's son on 16/12/2025 in Arya Vaidik Samaj Sanstha, Khidki Mohalla, Ganj, Gwalior out of her free will in accordance with Hindu rites and rituals. A Marriage Certificate (Annexure P/1) along with photographs are also filed in support of said contention. It is further alleged that parents/family members of corpus were unhappy with the said marriage, therefore, on the pretext of sending her back within a few days, took her away. According to petitioner, his daughter-in-law is presently in illegal confinement of her father (respondent No.3 herein) being subjected to mental and physical harassment. Despite submitting representations dated 06.02.2026 (Annexure P/2) to police authorities (respondents No.1 & 2 herein), no action has been taken. Hence, petitioner is before this Court.

Per contra, counsel for respondents/State opposed the prayer with submission that it is not a case falling under Writ Petition in the nature of habeas corpus because if the daughter (corpus herein) is living with her father (respondent No.3 herein), then it cannot be termed as illegal confinement. If son of petitioner and corpus entered into wedlock, then the appropriate remedy lies before Family Court for son of petitioner to agitate.

Considering the submissions and the fact situation, it appears that as alleged son of petitioner and corpus shared emotional proximity and purportedly solemnized marriage through Arya Samaj rituals (although factum of marriage is doubtful). However, it is an admitted position that the corpus is living with her father (respondent No.3 herein) and in view thereof, no case is made out for issuance of writ of habeas corpus as the corpus cannot be said to be in illegal or unlawful confinement. She is in her family.

However, petitioner and his son may pursue other alternative remedies before appropriate forum as per law, including proceedings under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights, if at all available to them as per law.

With the aforesaid liberty, the instant petition stands disposed of.