JUDGMENT 1. 1. This petition for habeas corpus has been filed by the petitioner-Ravi S/o Shri Radhey Shyam alleging that his wife Smt. Heera who also has been impleaded as respondent No. 7 is under illegal detention of respondent Nos. 5 and 6 that is the mother and brother. 2. It was alleged that although she is a major and is the legally married wife of the petitioner, she has illegally been detained by Smt. Prem Devi-respondent No. 5 herein and her brother Prakash who is impleaded as respondent No. 6 herein. 3. As this Court felt that even a major woman at times is under compulsion to live with her parents or any other person against her wishes, we thought it appropriate to summon the SHO Police Station Vaishali Nagar, District Jaipur as also the mother and brother of the respondent with a clear understanding that if the averment of the petitioner to the effect that she is under the illegal detention is finally found to be incorrect, then a cost will have to be imposed on the petitioner for filing a frivolous habeas corpus petition. In our experience we have noticed that time and again family or domestic disputes generally between the husband and the wife are brought to the Court by way of a habeas Corpus petition and in the process the entire police machinery of the concerned Police Station and the Courts as also the Advocates have to consume their time and energy in settling the domestic dispute between the couple and the habeas corpus ultimately turns out to be a petition where the difference between the couple and the family is only a mutual dispute which has hardly anything to do with illegal detention. Time and again we have deprecated to misuse of such habeas corpus petitions specially when a wife leaves her husband's place willingly on account of the domestic violence or torture inflicted on the wife by the husband or her in-laws or a lot of other reasons and yet a petition for habeas corpus is very promptly filed by the husbands instead of moving the family Court for redressal of their grievance. We do not appreciate filing of such habeas corpus petitions under Article 226 of the Constitution as they do not fall within the ambit and scope of a writ of habeas corpus since the basic ingredient of illegal detention is totally missing in such matters. We had therefore, made it clear to the counsel for the petitioner on the earlier date also that he should be absolutely sure of the correct facts before we issue notice to the SHO Police Station Vaishali Nagar District Jaipur and the other respondents prior to summoning them to the Court, meaning thereby that before filing a habeas corpus petition, the petitioner should be absolutely sure that his wife had not left her husband's house willingly but she was forced to leave her husband's place.and that she is under illegal detention of anyone including her relatives. We further made it clear that in case the wife appears and states that she is not in illegal detention of anyone and the SHO is made to exhaust his time and energy in solving frivolous domestic disputes, then cost will be imposed on the petitioner for misusing the writ jurisdiction. 4. This is how, the matter has come up today and the SHO, Vaishali Nagar, Jaipur has succeeded in producing respondent No. 7 the wife of the petitioner Smt. Heera from Jaipur. Smt. Heera appeared before us and stated in unequivocal terms that she is a major aged 19 years and that she had left the petitioner-husband willingly due to the torture inflicted on her by the husband and she is living willingly with her mother and brother without any compulsion from anyone. 5. Since the so called detenu is a major, we cannot compel her to go to any place other than her choice by issuing a writ of habeas corpus as that part of the dispute will have to be resolved before a court of competent jurisdiction including the Family Court where the petitioner-husband can avail the remedy of restitution of conjugal rights. But in so far as the remedy by way of a habeas Corpus petition is concerned, the wife not being under illegal detention of anyone including her mother and brother, it is legally not open for the petitioner to misuse this forum by filing a habeas corpus petition which has become a consistent practice in one form or the other. 6. 6. We, therefore, dismiss this petition by imposing an exemplary cost of Rs. 1,000/- (Rs. One thousand only) for deliberately misusing the provisions of a writ of habeas corpus and the cost shall be paid to the SHO Police Station Vaishali Nagar, Jaipur through the Government Advocate within a period of one week which shall be deposited in the Police Welfare Fund. In default to payment of this Cost, the SHO Police Station, Vaishali Nagar, i Jaipur shall be free to file an application before this Court for issuing a warrant of arrest against the petitioner for non-compliance of this order but we expect that the petitioner will not create an occasion of this nature before the Court to ensure compliance. The petition is accordingly dismissed.Petition Dismissed With Costs of Rs. 1,000/-. *******