CHAUHAN, J. - (1.) THIS habeas corpus petition has been filed by the petitioner Alok Tiwari alleging that his so called wife Arpita-daughter of respondent No. 4 Ambika Prakash Pathak is under the illegal detention of her father and she is not allowed to live with her husband-petitioner herein. On the aforesaid averment, a show cause notice was issued to the respondents which included respondent No. 3- the Station House Officer, P. S. Bani Park, Jaipur and respondent No. 4 - Ambika Prakash Pathak directing the S. H. O. to produce the detenu as the court comes across cases when even a major girl is pressurised to live with anyone including her parents against her wishes.
(2.) THE matter thereafter was listed on 3. 8. 2007 when we had made it clear to the petitioner that he should be absolutely sure that his wife is under the illegal detention of her father as it is not appropriate to seek settlement of a matrimonial or personal dispute by filing a habeas corpus petition as that is surely not the scope of a habeas corpus petition. We, therefore, directed that the petitioner shall deposit a sum of Rs. 5,000/- by way of a demand draft with the Dy. Registrar (Judl.) by way of security deposit, making it clear that if the wife of the petitioner appears and states that she is living willingly with her parents and is not interested in living with her husband, the remedy to be sought by the petitioner should be before the Family Court and not by way of a habeas corpus petition as that amounts to misure of this provision involving the legal exercise of the court, the Investigating Officer's time and energy and several others in the process. What we meant to emphasize was that whenever a habeas, corpus petition is filed, the petitioner should be absolutely sure that he is moving a court of law in order to get the person released from illegal detention but this legal remedy is certainly not meant to settle a dispute which emerges out of a matrimonial discord or any other family disharmony. This has become a regular practice as we encounter large number of petitions where habeas corpus petitions are filed merely to take the assistance of the Court to sort out their family disputes which certainly do not fall under the ambit and scope of habeas corpus petitions. Hence, we had made it clear to the petitioner that in case the wife of the petitioner states that she is living willingly with her father, the amount deposited shall be handed over to the Investigating Officer to be deposited in the Police Welfare Fund as no person including the petitioner should be allowed to entangle the investigating agency to short out his matrimonial dispute and also waste the time of the Court by misusing the legal process. The petitioner thereafter deposited the required sum of Rs. 5,000/- through demand draft which was drawn in favour of the Dy. Registrar (Judl.), Rajasthan High Court, Jaipur Bench, Jaipur. The S. H. O. , Police Station, Bani Park, Jaipur was thereafter directed to produce the detenu on the next date. This is how this matter has been listed today. The S. H. O. has succeeded in producing the so called detenu Smt. Arpita before this Court who made her statement in open court that she is aged 26 years and is a major. She admitted the fact that she is the legally married wife of the petitioner, yet she is not willing to live with him because there are certain differences between the couple regarding their living conditions. The counsel for the petitioner stated that he is willing to take back his wife. However, we have already made it clear that if there is a matrimonial dispute between the couple, the affected party will have to move the Family Court for redressal of their grievance as the habeas corpus petitions are not meant to be used for such situations. Since the alleged detenu Smt. Arpita is a major girl and is not willing to live with her husband, the petitioner obviously will have to approach the Family Court either for restitution of conjugal rights or any other appropriate relief which he wishes to seek; but in so far as the habeas corpus petition is concerned, the same cannot be entertained since a writ in the nature of habeas corpus cannot be issued in a situation of this nature directing or compelling a girl, who is major to live with anyone against her wishes since the basic ingredient of illegal detention which is required for issuing a writ of habeas corpus is missing. We, therefore, dismiss this petition and in view of the condition imposed earlier that in the event of detenu stating that she is not under the illegal detention of anyone including her parents, the amount of Rs. 5,000/- will have to be handed over to the investigating agency for unnecessarily dragging them to the court and wasting their energy and time in a matter which does not lie within the ambit and scope of habeas corpus petitions, we direct the Dy. Registrar (Judl.) to encash the demand draft of Rs. 5,000/- and the said amount of Rs. 5,000/- be handed over to the S. H. O. , Police Station, Bani Park, Jaipur who will deposit this amount in the Police Welfare Fund and a receipt thereof shall be produced before the Dy. Registrar (Judl.) within a period of 10 days. The detenu is free to live with her parents as per her wishes and the petitioner is equally free to take recourse to any other alternative remedy that is available to him under the law.
(3.) THE petition accordingly stands dismissed. .;