“Corpus Is Living With The Respondent According To Her Free Will” Uttarakhand High Court Refuses To Entertain Habeas Corpus Writ

The Hon’ble Division Bench of Uttarakhand High Court comprising of Hon’ble Mr. Justice Manoj Kumar Tiwari and Hon’ble Mr. Justice Pankaj Purohit has disposed of the writ of Habeas Corpus after considering the statement made by the corpus about her ‘free-will’.

Petitioner is the husband of the corpus who has contented in his petition that his marriage was solemnized in the year of 2012. The couple is from Dehradun having 2 children a boy age of 10 years and a daughter age of 6 years.

As per the petitioner, situation to file the writ of habeas corpus has arisen when his wife left the Dehradun on 8, August 2022 for Faridabad District and did not return back. In Faridabad the parents of petitioner’s wife was residing with daughter of the petitioner.

The petitioner submitted before the Uttarakhand High Court that he has apprehension that his wife is being detained by the respondent no.9. Further he prayed before the Hon’ble Court for the issuance of a writ in the nature of habeas corpus for ensuring the presence of his wife before the Court.

The Hon’ble bench vide order dated 4.05.2023 directed to respondent no 2 and 3 for ascertaining the presence of the corpus wife. In compliance of the said order wife of the petitioner came in front of the court. Where she has stated that as the petitioner is not treating her well therefore she has voluntarily left the company of the petitioner and now residing with the respondent no.9 upon her free will.

The Hon’ble Court after considering the statements made by the corpus wife held that,

“Since corpus has categorically stated that she is living with respondent no.9 with her own free will, therefore, no further order can be passed. Accordingly, Habeas Corpus petition is disposed of, in terms of the statement made by ……….. (corpus).”

HABC No.18 of 2022

Order Date- 14.06.2023