Madhya Pradesh High Court

WP/2432/2024 of PAWAN SHARMA Vs ONKARLAL RAWAT on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFOREHON'BLE SHRI JUSTICE RAVI MALIMATH,CHIEF JUSTICE

&

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 2432 of 2024

BETWEEN:-

PAWAN SHARMA, S/O SHRI OMPRAKASH SHARMA,AGED ABOUT 28 YEARS, OCCUPATION: NURSINGH, R/OVILLAGE MAGRANA, TEHSIL MALHARGARH, DISTT.MANDSAUR (MADHYA PRADESH)

(BY SHRI PARAKRAM SINGH CHOUHAN - ADVOCATE)

.....PETITIONER

AND

1.ONKARLAL RAWAT, S/O GOVARDHANLALRAWAT, AGED ABOUT 52 YEARS, OCCUPATION:SERVICE, R/O VILLAGE DAMRO KA KHEDAFUSARIYA TEHSIL BHINDAR UDAIPURRAJASTHAN (RAJASTHAN)RAWAT, AGED ABOUT 52 YEARS, OCCUPATION:SERVICE, R/O VILLAGE DAMRO KA KHEDAFUSARIYA TEHSIL BHINDAR UDAIPURRAJASTHAN (RAJASTHAN)

2.JOSHODA DEVI, W/O ONKARLAL RAWATOCCUPATION: HOUSEMAKER, R/O VILLAGEDAMRO KA KHEDA, FUSARIYA TEHSIL BHINDAR,UDAIPUR, RAJASTHAN (RAJASTHAN)OCCUPATION: HOUSEMAKER, R/O VILLAGEDAMRO KA KHEDA, FUSARIYA TEHSIL BHINDAR,UDAIPUR, RAJASTHAN (RAJASTHAN)

.....RESPONDENTS

This petition coming on for orders this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following:

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ORDER

This petition is filed on the ground that the wife of the petitioner is inillegal detention of the respondents.

The respondents are the parents of the corpus. Therefore, when thepetitioner is aware where his wife is, we do not think that a writ of habeascorpus can be granted. Even otherwise, she is staying with her parents and if adaughter is staying with her parents, it shall not be considered as an illegaldetention. Hence, we find no good ground to entertain this petition. The same isdismissed.

(RAVI MALIMATH)(VIJAY KUMAR SHUKLA)CHIEF JUSTICEJUDGEpsm

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