The Allahabad High Court held that in view of other remedies available for the purpose, under criminal and civil law, the exigence of a writ of habeas corpus at the behest of a husband to regain his wife would be rare and may not be available as a matter of course.
Brief Facts:
The present petition was filed for a writ of habeas corpus alleging that petitioner no.1 is under illegal detention of respondent no. 4, who is the maternal uncle of petitioner no. 1.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner contended that the wife left the house of the husband and despite efforts being made by him, she is not willing to come back to her matrimonial home.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent stated that it is apparent from the pleadings that the petitioner has left her matrimonial home on her own and there is no material to suggest that she is under illegal detention.
Observations of the court:
The court noted that a writ of habeas corpus is a prerogative writ and the same may be granted only on reasonable ground or probable cause being shown. Further, the court stated that the writ of habeas corpus has been held as a festinum remedium and accordingly the power would be exercisable in a clear case and the remedy of the writ of habeas corpus at the instance of a person seeking to obtain possession of someone whom he claims to be his wife would therefore not be available as a matter of course.
The court further stated that the power to direct search for persons wrongfully confined is provided under Section 97 of the Code of Criminal Procedure, 1973 whereas Section 98 provides the procedure to compel restoration of abducted females.
Further, it was stated that when a wife, without reasonable cause, refuses to return to her matrimonial home, the husband can seek the remedy of restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and further noted that the wife had left her matrimonial home, of her own volition, and there is no material to establish the factum of illegal detention.
The decision of the Court:
The court dismissed the petition.
Case Title: Jaishree and Anr. vs. State of U.P. and Ors.
Coram: Hon’ble Mr Justice Yogendra Kumar Srivastava
Case No.: Writ Petition No. 1041 of 2023
Advocate for the Petitioner: Mohd. Monis and Mr. Bhanu Kumar Ratnakar
Advocate for the Respondent: G.A.
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