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Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court

Sparsh Upadhyay
11 Aug 2021 6:02 AM GMT
Habeas Corpus Writ At Husbands Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
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The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus: "In view of the other remedies...

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The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course.

Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus:

"In view of the other remedies available for the purpose under criminal and civil law, issuance of a writ of habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out."

Case in brief

Petitioner no.2 (Wife) left her matrimonial home sometime in the month of June, 2019 on account of some serious differences with her husband (petitioner no.1).

Thereafter, an application (presently pending) for restitution of conjugal rights was filed by the Husband.

Further, claiming that sometime in the month of November, 2020, information was received by him suggesting that his wife was being detained at her parental home and thus he filed the instant Habeas Corpus plea seeking the production of the wife.

Court's observations

In this backdrop, the Court noted that there was no material on record to suggest that petitioner no.2 was forcibly taken away and that it was evident that his wife left her matrimonial home on her own accord on account of some serious differences with her husband.

Further, referring to rulings of the Apex Court in the case of Mohammad Ikram Hussain v. State of U.P. and others and Kanu Sanyal v. District Magistrate Darjeeling, the Court observed that the writ of habeas corpus is a prerogative writ and an extraordinary remedy and that it is the writ of right and not a writ of course and maybe granted only on reasonable ground or probable cause is shown.

"The remedy of 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 added.

Lastly, noting that in the facts of the instant case, the petitioner no.2 having left her matrimonial home on her own on account of a matrimonial discord, the Court observed that the instant petition seeking a writ of habeas corpus at the behest of the husband would not be entertainable.

Case title - ­ Mohd. Ahmad And Another Respondent v. State Of U.P. And 4 Others

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