Rajasthan High Court Dismisses Husband’s Habeas Corpus Petition as Abuse of Process, Imposes ₹50,000 Fine

The Rajasthan High Court dismissed a husband’s habeas corpus petition alleging his wife kept a baby in illegal detention, calling it not maintainable and an abuse of legal process.

The Court observed that the complaint was already pending before the Additional Chief Judicial Magistrate and that the petitioner failed to justify invoking its writ jurisdiction belatedly.

It held that no case of illegal detention was made out since the child was with the mother and biological father, and the petitioner was not the biological father. 

The court imposed a ₹50,000 fine to be deposited with the Mukhyamantri Vidyadaan Kosh.