1 / 4 2025:CGHC:40368-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 15 of 2025 Rajarshi Dev Vaishnav S/o Dhruv Das Vaishnav Aged About 32 Years R/o Ward No. 03, Mahamaya Para, Lormi, District - Mungeli Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 Superintendent Of Police Mungeli, District - Mungeli Chhattisgarh 3 Station House Officer Police Station Lormi, District Mungeli Chhattisgarh 4 Jhabendra Das Vaishnav S/o Dhananjay Das Vaishnav Aged About 45 Years R/o Durga Chowk, Ward No. 03, Village - Borai, Out Post - Nagpura, Police Station - Pulgaon, District - Durg Chhattisgarh 5 Smt. Parvati Vaishnav W/o Late Dev Das Vaishnav Aged About 50 Years R/o Durga Chowk, Ward No. 03, Village - Borai, Out Post - JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.08.13 10:36:00 +0530 2 / 4 Nagpura, Police Station - Pulgaon, District - Durg Chhattisgarh 6 Smt. Minakshi Vaishnav W/o Rajarshi Dev Vaishnav Aged About 28 Years R/o Durga Chowk, Ward No. 03, Village - Borai, Out Post - Nagpura, Police Station - Pulgaon, District - Durg Chhattisgarh ... Respondent(s) For Petitioner : Mr. Ankul Biswas, Advocate For Respondents/ State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, (Chief Justice) 12.08.2025 1) Heard Mr. Ankul Biswas, Advocate along with Mr. Sangharsh Pandey, G.A. for the State. 2) The present petition has been filed with the follwing reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to issue a writ of habeas corpus directing the respondent police authorities to produce Smt. Minakshi Vaishnav before this Hon'ble Court and ensure her release from the custody of respondents No. 4 and 5. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent police authorites to conduct an inquiry into the circumstances of Minakshi's detention 3 / 4 and take appropriate action against the respondents No. 4 and 5 for unlawful confinement. 10.3 That, this Hon'ble Court may kindly be pleased to direct that Smt. Minakshi Vaishnav be handed over to the petitioner to resume their matrimonial life. 10.4 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble court deems fit in the circumstances of the case. 3) Learned counsel for the petitioner submits that the marriage of the petitioner was solemnized with respondent No. 6 on 14.04.2025 as per Hindu rites and rituals and were living happily. He further submits that on 03.06.2025, respondent No. 6 left her matrimonial house without informing the petitioner and went to her parental house at village Borai. He further submits that petitioner has tried several times to bring his wife back but respondents No. 4 & 5 have forcibly detained his wife and not allowing her to come back. 4) Per contra, learned State counsel submits that respondent No. 6 has filed a case against the petitioner under Section 85 of B.N.S. and section 4 of Dowry Prohibition Act on 21.07.2025. 5) We have heard learned counsel for the parties and perused the documents on record. 6) Considering the fact that the respondent No. 6 is a major person 4 / 4 and is living in her parental house with her own consent and from the aforesaid submission of the learned State counsel it is manifest that some matrimonial dispute is going on between the couple, it cannot be said to be illegal detention. Thus, we do not find a good ground to entertain this petition. Hence the writ of habeas corpus under Article 226 of the Constitution of India filed by the petitioner is not maintainable and is hereby dismissed at the motion stage itself. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ Shoaib