IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.245 of 2009 Raj Kumar Suman s/o late Kedar Bhagat, r/o mohalla – Diwan Mohalla Gurhatta, P.S. Khajekala, Patna …….. Petitioaner Versus 1. State Of Bihar 2. D.G of Police, Patna 3. SSP of Police, Patna 4. O/C of Patliputra P.S., Patna 5. Smt. Sudha Devi @ Dolley w/o Raj Kr. Suman 6. Aditya Raj, minor son of Raj Kumar Suman 7. Smt. Lilawati Devi w/o Yogendra Malakar 8. Yogendra Malakar, s/o late Birju Bhagat, all resident of mohalla –Rajeev Nagar Road, P.S. Rajeev Nagar Patliputra, Patna ……………………. Respondents --- For the petitioner: Mr. Purnendu Nr. Singh, Mr. Lalan Kumar, Advocates For the respondents: Mr. Mahesh Prasad, Advocate ----------- 2 2-4-2009 The case of the petitioner is that he married the respondent no.5 Smt. Sudha Devi alias Dolley and they have a child out of the wedlock, but now his wife and child have been kept in illegal confinement by his father-in-law and mother-in-law. He wants that a writ of habeas corpus be issued by this court to recover his wife and child from the custody of his in-laws. The petitioner has filed an application for restitution of conjugal rights before the Principal Judge, Family Court, being Matrimonial Case no.21 of 2009. A writ of habeas corpus cannot be issued to - 2 - settle a matrimonial dispute. It would be more appropriate that the petitioner should raise the grievance whatever has been stated in this petition before the Principal Judge, Family Court., where Matrimonial case no.21 of 2009 is pending, who will consider and dispose of the same in accordance with law. Writ application is, accordingly, dismissed without prejudice to the right of the petitioner. Neyaz/- (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.)