Constitution of India, 1950
Article 226—Writ—Habeas corpus—Petition has been filed for a writ of habeas corpus alleging that the first petitioner, wife of the second petitioner, is under illegal detention of the fourth respondent, who is stated to be the maternal uncle of first petitioner—In view of the other remedies available for the purpose, under criminal and civil law, exigence of a writ of habeas corpus at the behest of a husband to regain his wife would be rare and may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out.
[Para 11]
Article 226—Writ—Habeas corpus—A writ of habeas corpus may not be issued where facts are disputed or are not clearly established—Exercise of the extraordinary jurisdiction for issuance of writ of habeas corpus would be dependent on the jurisdictional fact where the petitioner establishes a prima facie case that the detention is unlawful, which apparently is not demonstrated from the facts which are on record in the present case—Petition dismissed.
[Para 10]