Case Note & Summary
The petitioner, Shaikh Shabana, filed a habeas corpus petition alleging that her son, Shaikh Atik, was illegally detained by his wife, Mahek Hanif Shaikh, and her family. She claimed that Atik was lured to Mumbai with a job offer and was being beaten and not allowed to leave. The court initially ordered production of Atik. However, upon investigation, the police report revealed that Atik was a major aged 27 years, and Mahek was his wife. There was a matrimonial dispute, and the petitioner, in collusion with Atik and her elder son, had secretly kept Atik in a lodge to falsely implicate Mahek. The court was shocked by the facts and found that the petition was filed to harass the wife. The court dismissed the petition, holding that habeas corpus cannot be used to settle personal scores or to harass the spouse in a matrimonial dispute. The court also imposed costs of Rs. 25,000 on the petitioner to be paid to the wife, Mahek, to deter misuse of the legal process.
Headnote
A) Constitutional Law - Habeas Corpus - Illegal Detention - Major Person - A writ of habeas corpus is not maintainable when the alleged detenu is a major who voluntarily resides with his wife and the petition is filed in collusion with the detenu to harass the wife in a matrimonial dispute - Held that the remedy of habeas corpus cannot be used as a tool to settle personal scores or to harass the spouse (Paras 4-5).
B) Criminal Law - Abuse of Process - Matrimonial Dispute - Collusion - Filing a habeas corpus petition based on false allegations of illegal detention by the wife, when in fact the husband is living voluntarily with her, amounts to an abuse of the process of law - Held that the court must dismiss such petitions with costs to deter misuse (Paras 4-5).
Issue of Consideration
Whether the alleged detention of a major person by his wife amounts to illegal detention warranting a writ of habeas corpus, especially when the petition is found to be filed in collusion with the alleged detenu to harass the wife in a matrimonial dispute.
Final Decision
The court dismissed the habeas corpus petition with costs of Rs. 25,000 to be paid by the petitioner to the wife, Mahek Hanif Shaikh, within four weeks. The court held that the petition was an abuse of process of law and that the remedy of habeas corpus cannot be used to settle personal scores or to harass the spouse in a matrimonial dispute.
Law Points
- Habeas Corpus
- Illegal Detention
- Major Person
- Matrimonial Dispute
- Collusion
- Abuse of Process of Law
Case Details
2021 LawText (BOM) (06) 4
CRIMINAL WRIT PETITION NO. 608 OF 2021
V. K. Jadhav, Shrikant D. Kulkarni
Narendra D. Sonavane for Petitioner, G. O. Wattamwar APP for Respondents
Shaikh Shabana w/o Shaikh Rafiq
The State of Maharashtra, The Dy. Superintendent of Police, The Police Inspector
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Nature of Litigation
Criminal Writ Petition seeking a writ of Habeas Corpus for alleged illegal detention of petitioner's son.
Remedy Sought
Petitioner sought a writ of Habeas Corpus for production and release of her son Shaikh Atik, alleging illegal detention by his wife Mahek Hanif Shaikh and her family.
Filing Reason
Petitioner alleged that her son was lured to Mumbai with a job offer and was being illegally detained, beaten, and not allowed to leave by his wife and her family.
Previous Decisions
Court had passed orders for production of the missing son, and he was produced before the court by police.
Issues
Whether the alleged detention of a major person by his wife amounts to illegal detention warranting a writ of habeas corpus?
Whether the petition is an abuse of process of law filed in collusion to harass the wife in a matrimonial dispute?
Submissions/Arguments
Petitioner argued that her son was illegally detained by his wife and her family, and she was threatened when she sought his release.
Respondents (State) submitted a police report revealing that the alleged detenu was a major, voluntarily living with his wife, and the petition was filed in collusion to harass the wife.
Ratio Decidendi
A writ of habeas corpus is not maintainable when the alleged detenu is a major who voluntarily resides with his wife and the petition is filed in collusion with the detenu to harass the wife in a matrimonial dispute. Such petitions amount to an abuse of process of law and must be dismissed with costs.
Judgment Excerpts
We are shocked by the facts disclosed in the report.
It is stated in the report that said Mahek is the wife of missing Shaikh Atik and their relations have been strained.
It has been specifically stated in the report that the petitioner herself in collusion with the missing son Shaikh Atik, who is major aged 27 years, and also in collusion with her elder son Shaikh Asif, secretly kept the missing son Shaikh Atik in Draupadi Lodge, Vaijapur.
Procedural History
The petitioner filed a Criminal Writ Petition No. 608 of 2021 before the Bombay High Court (Aurangabad Bench) seeking a writ of Habeas Corpus. The court issued orders for production of the missing son. The police produced the son before the court and submitted a report. After hearing the parties, the court dismissed the petition with costs on 28 June 2021.
