Umesh Verma 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 corpus.

As per allegations, wife of petitioner (corpus herein) namely Smt. Isha Arya is in illegal confinement of private respondents No.2 to 6. Admittedly, respondents No.2 and 3 are father and mother of corpus respectively and respondents No.4 to 6 are other family members of the corpus.

It is the submission of counsel for petitioner that corpus and petitioner entered into wedlock on 02/02/2025 in accordance with Hindu rites and rituals. According to petitioner, his wife (corpus herein) is in illegal confinement of her parents (respondents No.2 & 3 herein) and her other family members (respondents No.4 to 6 herein) while she is legally wedded wife of petitioner and they are violating the legal rights of petitioner. He has also filed an application under Section 9 of Hindu Marriage Act, 1955 before Family Court, Gwalior for restitution of conjugal rights.

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 parents and other family members, then it cannot be termed as illegal confinement. He further asserts that the dispute, if any, between the petitioner and the corpus should be resolved before the Family Court, which is the appropriate forum to address the matrimonial matters.

Considering the submissions and the fact situation, it is apparent that the corpus is living with her parents (respondents No. 2 & 3 herein) and other family members (respondents No.4 to 6). Therefore, the petitioner’s contention that his wife (corpus herein) is unlawfully detained does not stand, as cohabitation with family members, even in the face of marital disagreements, does not constitute illegal confinement. 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.

However, petitioner may pursue his pending application under Section 9 of Hindu Marriage Act, 1955 before the Family Court, Gwalior and/or take recourse to other alternative remedies before appropriate forum as per law, if available to him.

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