Chhattisgarh High Court

Writ jurisdiction cannot be invoked to adjudicate matrimonial disputes involving disputed facts or routine police inquiries.

MANISHA SARTHI vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, Manisha Sarthi, filed a writ petition seeking police protection and a direction to restrain the police and private respondents from interfering in her personal liberty.

Source reference: para. 2

The petitioner is currently living separately from her husband (Respondent No. 5) and has initiated divorce proceedings in a Family Court.

Source reference: para. 3

She alleged that Respondent No. 5, along with Respondents No. 4 and 6, was harassing her and making false allegations of an illicit relationship between her and one Satyavan.

Source reference: para. 4

Furthermore, she contended that the local police (Respondents No. 2 and 3) were repeatedly summoning her to the police station without proper notice or preliminary inquiry, based on a complaint filed by Respondent No. 4, thereby violating her fundamental rights under Article 21.

Source reference: paras. 5-6

The State argued that the police were merely conducting a lawful inquiry into a received complaint and that no coercive action had been taken.

Source reference: para. 7
02

Issues

1. Whether the High Court should exercise its extraordinary writ jurisdiction under Article 226 of the Constitution to interfere in police inquiries arising out of private matrimonial disputes.

Source reference: paras. 9-10

2. Whether the repeated summoning of the petitioner by the police for inquiry constitutes a violation of fundamental rights warranting judicial intervention.

Source reference: para. 10
03

Law Applied

The Court primarily relied on the principles governing the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, which is reserved for addressing violations of fundamental rights or the failure of statutory authorities to perform legal duties.

Source reference: para. 10

The Court also referenced the protections of life and personal liberty under Article 21 of the Constitution.

Source reference: para. 5

The Court applied the settled legal principle that writ jurisdiction cannot be used to adjudicate disputed questions of fact arising from private or matrimonial discords, nor can it be used to interfere with the legitimate investigative domain of the police unless an abuse of process is clearly demonstrated.

Source reference: para. 10
04

Reasoning

The Court observed that the crux of the dispute was a matrimonial conflict between the petitioner and Respondent No. 5, leading to secondary allegations by private parties.

Source reference: para. 9

The Bench reasoned that the petitioner’s grievances involved "disputed questions of fact" regarding personal relationships and harassment, which are not suitable for adjudication in a writ proceeding.

Source reference: para. 10

Regarding the police conduct, the Court found that merely summoning a person for inquiry pursuant to a complaint is a standard part of investigative procedure and is not per se illegal or arbitrary, provided no coercive measures are employed.

Source reference: para. 10

Since the State confirmed no coercive action was taken, the Court determined there was no evidence of a clear abuse of process or a violation of law that necessitated the invocation of its extraordinary powers.

Source reference: para. 10
05

Holding

The High Court dismissed the writ petition, holding that the matter was premature and lacked merit for interference under Article 226.

The Court held that grievances arising from matrimonial disputes and police inquiries should be addressed by availing appropriate statutory remedies before competent forums rather than through a writ petition.

Source reference: para. 11

The Court granted the petitioner liberty to approach the appropriate authorities or competent courts for relief as permitted by law.

Source reference: para. 13
Chhattisgarh High Court

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MANISHA SARTHIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 17, 2026

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