D.B. HABEAS CORPUS PETITION (WRIT) NO.6062/2006 (Vinay Kumar Mujoo Vs. State of Rajasthan & Ors.) DATE OF ORDER : 11.01.2007 HON'BLE MR. JUSTICE N.N.MATHUR HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. P.S.Bhati for the petitioner. Mr. S.K.Vyas, Government Advocate. Mr. Ravindra Paliwal for the private respondents. By way of instant Habeas Corpus petition, the petitioner – Sh. Vinay Kumar Mujoo seeks protection of his daughter-in-law Smt. Chandrika and grand children. It is averred that the petitioner's son namely Rajeev Mujoo was married with Smt. Chandrika in the year 1998. She gave birth to a male child namely Nalin Mujoo on 10th November, 1999. She gave birth to second female child in May, 2001. It is further averred that his daughter-in-law is staying at Jammu under the influence of her father respondent No.4 and mother respondent No.5. Thus, they have under unlawful detention. Pursuant to the order of this Court, Smt. Chandrika had appeared before us. She has tried to justify her stay at Jammu with her parents for certain reasons. Suffice it to say, it cannot be said that she has been unlawfully detained by respondents No.4 and 5. There appears to be a matrimonial dispute between the parties. The question of custody of the children is also to be decided by the competent court. Suffice it to say that it is not a -2- matter of unlawful detention, as such, no writ of Habeas Corpus can be entertained. Accordingly, the Habeas Corpus petition stands dismissed without prejudice to the rights and contentions of the parties before the appropriate forum. (GOPAL KRISHAN VYAS), J. (N.N.MATHUR), J. ms rathore