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reported by: Salil Tiwari
Last updated: Jun 20, 2023 at 7:43 PM IST
The wife told the court that she was no longer willing to live with him.
The Supreme Court noted that the man’s wife was living with the other man of her own free will, so a writ of habeas corpus could not be made
The Uttarakhand High Court recently rejected a habeas corpus application filed by a man who alleged that his wife was being held illegally by another man.
The Supreme Court pointed out that the man’s wife was living with the other man of her own free will, so a writ of habeas corpus could not be made.
Before the High Court, the man’s wife said he used to misbehave with her, so she went to live with her friend of her own free will. She also told the court that she was no longer willing to return to the man.
While briefing the woman’s memoirs, the panel consisting of Judge Manoj Kumar Tiwari and Judge Pankaj Purohit disposed of the habeas corpus in terms of the statement she made.
“Whatever the case, because … (the body) has categorically stated that she is living with Defendant No. 9 of her own free will and, therefore, no further order can be made,” the court ordered.
The marriage between the spouses was officially concluded in 2012. The couple has two children – a 10-year-old son and a 6-year-old daughter.
The husband has taken to the High Court seeking his wife’s appearance in court through a writ of habeas corpus stating that in August 2022, his wife left Dehradun for Faridabad, where her parents reside, but has not returned since.
He claimed it was his fear that another man would take his wife into custody. However, the wife told the court otherwise.
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