IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.23 of 2011 SADIK AMIN, S/O ABDUL KAYUM, RESIDENT OF VILLAGE – BARDAUNI, P.S. BITHAN, DISTRICT – SAMASTIPUR. …………… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. DIRECTOR GENERAL CUM INSPECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 3. DEPUTY INSPECTOR GENERAL OF POLICE, TIRHUT DIVISION, DARBHANGA. 4. SUPERINTENDENT OF POLICE, DISTRICT – SAMASTIPUR. 5. OFFICER IN CHARGE, POLICE STATION BITHAN, DISTRICT – SAMASTIPUR. 6. SHAMIM ULLAH SON OF ABDUL RAJAK 7. HOOR BANO W/O SHAMIM ULLAH 8. HENA KAUSAR W/O SADIK AMIN, D/O SHAMIM ULLAH. ALL (RESPONDENT NO. 6 TO 8) ARE RESIDENT OF VILLAGE – BARDAUNI, P.S. BITHAN, DISTRICT – SAMASTIPUR, PRESENT ADDRESS – HOUSE OF JAHIR MISTRI, GALI NO. 2, KAILA BHATTA, P.S. KOTWALI, DISTRICT – GAJIABAD (U.P.). ………. RESPONDENTS. ----------- 02/ 12.01.2011 Petitioner claims to be the husband of Hena Kausar stating that their Nikah was solemnized by Kazi and that is registered as contract deed no. 18 at Darul Kaza, Phulwarisharif, Patna. They were living as husband and wife. Later on 25.9.2010 respondents 6 and 78 came with some unknown persons and forcibly took his wife with them. Petitioner tried to make complaint before the police but no case could be registered against respondents 6 and 7. Now the respondents are not allowing his wife, respondent no. 8 to come and live with him. Considering the fact that the wife of petitioner, namely, Hena Kausar, Respondent No. 8 being major, could have taken steps for coming back to petitioner, if at all 2 willing to come and live with the petitioner, if she is not taking any such decision, it is proper for the petitioner to file an application before the concerned Family Court for restitution of his conjugal rights. The Family Court is competent to decide such issues. So far maintainability of habeas corpus is concerned, we do not find that any facts have been disclosed in this writ application to make out a case of illegal confinement of Respondent No. 8. This application is dismissed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)