Read Time: 05 minutes
“This petition being misconceived and filed with an intent to harass the litigants and administration,” the court said
The Madhya Pradesh High Court at Indore has ruled that a habeas corpus can only be issued in cases of illegal detention and not to harass a daughter who marries against her father's will, while imposing a cost of five thousand rupees on a father for filing a petition with the intent to harass the daughter.
The division bench comprising of Justice Sushrut Arvind Dharmadhikari and Justice Gajendra Singh, delivered the judgment on a writ petition filed by the father (Badrilal Malviya), seeking a habeas corpus writ for the production of his daughter.
On April 20, 2024, Badrilal Malviya's son reported his 23 year old sister, Mamta Malviya, as missing. The family tried to contact her friends, neighbours, and relatives but could not locate her. Badrilal alleged that Mamta was illegally confined by Karan Singh (respondent no. 4), and subsequently filed a habeas corpus petition.
The father (petitioner), represented by counsel M.A. Sheikh, claimed his daughter was illegally confined. However, the daughter refuted this claim, asserting that the petition was filed solely to harass her due to her marriage against her father's wishes. The respondent, represented by Deputy Government Advocate G.S. Chouhan, argued that the girl's voluntary marriage and her statements confirmed there was no illegal detention. She was presented before the court, where it was confirmed that she was a major and had willingly married Karan Singh. She further stated that her father was aware of her whereabouts and her intention to marry Singh, but he did not agree to her decision.
The court stated that since the girl is a major, she is entitled to live her life as she chooses. “It is a settled legal position that a writ of habeas corpus can be issued only if there is an allegation of illegal confinement. In the present case, the daughter/corpus herself has stated that she had married respondent No.4 and had gone along with him on her own free will. In such a situation, it cannot be said to be a case of illegal confinement,” the court emphasised.
The court dismissed the habeas corpus petition at the admission stage, declaring it non-maintainable. Furthermore, recognising the petition as misconceived and intended to harass, the court imposed a cost of Rs. 5,000 on the petitioner, to be paid to the High Court Employees Union within 30 days.
Cause Title: BADRILAL MALVIYA Vs THE STATE OF MADHYA PRADESH [WP-15197-2024]
Please Login or Register
