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Patna High Court

Md. Nadeem Iqubal @ Md. Nadim EkbalversusThe State of Bihar through Director General of Police, Bihar, Patna.

Decided
Disposal
DISMISSED

Holding

The court held that the petition does not disclose illegal detention and therefore the writ of habeas corpus cannot be entertained.

Summary

Petitioner Md. Nadeem Iqbal filed a writ of habeas corpus seeking the release of his wife and daughter, alleging they were being illegally detained by his in‑laws. He had earlier approached the Family Court for guardianship, but that petition was dismissed for lack of territorial jurisdiction. The State argued that the writ was misconceived and could not be entertained. The High Court examined the facts and concluded that the dispute pertained to matrimonial discord and custody, not illegal detention. Consequently, the court held that no illegal detention existed and dismissed the writ application, directing the petitioner to pursue appropriate remedies under family law.

Issues considered

  • Whether a writ of habeas corpus is maintainable in a matrimonial custody dispute
  • Whether the alleged confinement of the wife and daughter amounts to illegal detention
  • Whether the Family Court had jurisdiction to entertain the earlier guardianship petition

Subjects

  • habeas corpus
  • illegal detention
  • custody
  • family law
  • jurisdiction
  • guardianship act
  • matrimonial dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.783 of 2026
                 ======================================================
                 Md. Nadeem Iqubal @ Md. Nadim Ekbal Son of Mohammed Kaleem Ahmad
                 R/o Mohalla - Emkay House, Loharwagahat Gali, Nurani Bagh , P.S. -
                 Alamganj, Dist. - Patna. and the Permanent R/o Vilage - Narayan Palia, P.S. -
                 Manjhi, Dist. - Saran, Bihar.

                                                                               ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through Director General of Police, Bihar, Patna. Bihar
           2.    District Magistrate, Dist. - Patna.
           3.    Superintendent of Police, Patna.
           4.    Station House Officer Alamganj P.S., Dist. - Patna.
           5.    Shaukat Ali R/o Mohalla - Tikiya Para, 3rd floor 1/1, I.R. Beliyas Lane Post
                 Office, P.S. and Dist. - Horah, Pin - 711101, West Bengal.
           6.    Rubina Khatoon Wife of Shaukat Ali R/o Mohalla - Tikiya Para, 3rd Floor
                 1/1, I.R. Belilious Lane Post Office, P.S. and Dist. - Howrah, Pin – 711101,
                 West Bengal.
           7.    Shaguf Ali Wife of Md. Nadim Ekbal R/o Mohalla - Emkay House,
                 Loharwaghat Gali, Nurani Bag, P.S. - Alamganj, Dist. - Patna.
           8.    Enaya Ekbal D/o Md. Nadim Ekbal R/o Mohalla - Emkay House,
                 Loharwaghat Gali, Nurani Bag, P.S. - Alamganj, Dist. - Patna.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Md. Shah Nawaz Ali, Advocate
                                                 Mr. Aditya Kumar Chaudhary, Advocate
                 For the Respondent/s   :        Mr. P.N. Sharma, AC to A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

2   20-04-2026                   Heard learned counsel for the petitioner and learned

                   AC to AG for the State of Bihar.

                                 2. By filing this writ application, the petitioner is

                   seeking a direction to Respondent No. 1 to 4 to recover his wife

                   (Respondent No. 7) and daughter (Respondent No. 8) who are
Patna High Court CR. WJC No.783 of 2026(2) dt.20-04-2026
                                            2/3




          said to be in illegal detention of Respondent Nos. 5 and 6 who

          are the father-in-law and mother-in-law respectively of the

          petitioner.

                        3. In course of his submission, Mr. Md. Shahnawaz

          Ali, learned counsel for the petitioner submits that his wife is

          not living with him for last ten years and the daughter is also

          with his wife. In this regard, he had filed a petition under the

          Guardianship Act before the court of learned Principal Judge,

          Family Court, Saran at Chapra being Case No. 21 of 2025. It is

          submitted that the said application has been dismissed by order

          dated 26.02.2026 on the ground that the learned Principal Judge,

          Family Court, Saran at Chapra lacks territorial jurisdiction.

                        4. Learned AC to AG for the State of Bihar submits

          that this is a wholly misconceived application inasmuch as in

          the facts of the present case, a Writ of Habeas Corpus cannot be

          maintained much less it may be entertained.

                        5. Having regard to the entire facts as appearing from

          the records, we are of the considered opinion that the present

          application as framed cannot be entertained. The facts stated

          therein are clearly showing that it is not a case of illegal

          detention, the matrimonial discord and the custody of the

          daughter with the wife of the petitioner are admitted facts.
          Patna High Court CR. WJC No.783 of 2026(2) dt.20-04-2026
                                                      3/3




                                 6. In result, this application is dismissed as not

                    entertained.

                                 7. The petitioner is at liberty to seek his remedy, as

                    may be advised to him in accordance with law.



                                          (Rajeev Ranjan Prasad, J)


                                              (Soni Shrivastava, J)
lekhi/-

U


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