The Allahabad High Court has recently dismissed a Habeas corpus petition filed by a man to get back his wife. His petitioner has submitted a marriage certificate issued by an Arya Samaj as proof.
But the court said Arya Samaj societies misused beliefs in organising marriages, without even considering the genuineness of documents.
The court observed, since the marriage w as not registered, it cannot be deemed that the parties were married only on the basis of said certificate.
Advocate for the petitioner, has placed reliance upon a certificate issued by Arya Samaj Mandir, a certificate of registration of marriage and some photos.
The government advocate had submitted a first information report (FIR) lodged by the wife’s father.
The bench of Justice Saurabh Shyam Shamshery said the petitioner had other remedies available under civil and criminal laws. Hence, the writ petition was not maintainable.
Habeas Corpus is a prerogative writ and an extraordinary remedy. It can not be used as a right, the court said, dismissing the petition.
