‘Matrimonial dispute, seek other remedies available’: Gujarat High Court Dismisses Habeas Corpus Petition by Mother Alleging Daughter's Abduction
The Gujarat High Court has dismissed a habeas corpus petition stating that the matter appeared to be a matrimonial or a family dispute, directing the mother who alleged that her daughter had been abducted by her husband to avail the regular remedy under Section 97 of the Code of Criminal Produce or other relevant laws.
The division bench of Dr. Justice Vineet Kothari and Justice Umesh Trivedi refused to allow the petition under Article 226 considering the matrimonial or a family dispute nature of the matter, and said that, “In view of the circumstances of this case, as alleged, we are not inclined to invoke our jurisdiction under Article 226 of the Constitution of India.”
Facts
One Chauhan Madhuben Rameshchandra, the mother of the 26 year old daughter filed a habeas corpus petition before the Court asking to produce her alleging that the person whom she married last year has abducted her.
She stated that her daughter, Shraddha, had married one Solanki Dhirajkumar Laxmanbhai, on January 17, 2019. However, on March 21, 2019, at around 10:30 PM, Solanki had called her to inform that her daughter was not traceable.
Observing that the matter appeared to be a matrimonial or a family dispute, the bench dismissed the petition leaving the petitioner free to avail of remedies under other relevant laws.
It is to be noted here that Section 97 of the Code of Criminal Produce allows district, sub-divisional magistrate and magistrate of first class to issue a search warrant for a wrongfully confined person.
Habeas corpus is a writ remedy under constitutional law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
Case Title: Chauhan Madhuben Rameshchandra Vs. State of Gujarat
Edited by Shreya Agarwal