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2025 DIGILAW 331 (MP)

Gajendra v. State of Madhya Pradesh

2025-06-09

VINAY SARAF, VIVEK RUSIA

body2025
ORDER Rusia, J:- 1. The petitioners have filed the present petition under Article 226 of the Constitution of India seeking writ in the nature of habeas corpus alleging that respondents No.5 to 7 have forcibly abducted the minor children of petitioner No.1 from his house. Hence, they be produced before this Court in order to verify whether they under illegal detention of respondents No.5 to 7 or not ? 2. Shri Anand Rai, who is present in person along with copy of FIR No.0504/2025 & FIR No.0480/2025 registered at Police Station - Bhanwar Kuan, District - Indore submits that he visited the house and found that minor children aged about 5 & 3 years are with their mother / wife of petitioner No.1 - Gayatri. He has also taken their photographs which are the part of the case-diary. 3. Two FIRs have already been registered in this case one by petitioner No.1 and one by respondent No.4. It appears that it is a matrimonial dispute between the husband and wife and at present the minor children are in custody of their mother, which cannot be termed as illegal detention. The police authorities are competent to investigate the matter. Hence, no case for interference is called for. 4. In view of the above, Writ Petition stands dismissed. The petitioner shall be at liberty to approach the appropriate forum in accordance with law.