IN THE HIGH COURT OF JUDICATURE AT PATNA CR WJC No 815 of 2011 Shah Faisal @ Sonu Versus The State Of Bihar & Ors ----------- 2 16.08.2011 In our view, the writ petition is misconceived. Petitioner has filed this writ petition in the shape of habeas corpus for recovery of his wife. From the averments made in the writ petition itself, it is clear that petitioner’s alleged wife was a major and had earlier been married being Hindu according to Hindu rites to another person. After the said Hindu marriage, she is alleged to have eloped with the petitioner and performed a Muslim marriage. Petitioner wants that as she is now his lawful wedded wife, her custody must be restored to him. It is alleged that she is presently with her parents. Prima facie, without giving any conclusive opinion, there being a Hindu marriage, it is not open for the petitioner’s alleged wife to marry a second time during lifetime of her husband without getting the first marriage annulled or declared illegal. If the first marriage is subsisting, the second marriage, as alleged by the petitioner by Muslim custom, is void ab initio. Court does not assist people who claim to be living in illegal matrimony. This writ application is dismissed accordingly. M.E.H./ (Navaniti Prasad Singh) (Ashwani Kumar Singh)