Courts Update MP HC refuses Habeas Corpus in family matter

MP HC refuses Habeas Corpus in family matter


Jabalpur, Jun 16 (ILNS) The Madhya Pradesh High Court has refused to pass directions in a writ petition seeking Habeas Corpus, stating that the same cannot be stretched to the extent, so as to include personal family matters.

A Single-Judge Bench of Justice Sheel Nagu made the above observation yesterday, on a petition filed by one Mukesh Kushwah, praying the High Court to issue Habeas Corpus against his wife, apart from permission to meet his sons.

The father of two minor children aged 10 and 12 years, said that his wife, along with two children, left her matrimonial home in the first week of December, 2020. He said he filed a missing report in regard to his wife at Police Station Mau, District Bhind (MP) on January 2, 2021.

The petitioner said when his wife was not traced, he filed a petition, seeking writ of Habeas Corpus by impleading the functionaries of the State and as well as a private respondent, with whom he alleged that his wife was having extramarital affair.

The woman and her minor children were produced by a Lady Constable in the office of the Additional Advocate General.

The woman revealed that she is about 33 years of age and owing to continuous mental and physical cruelty extended by her husband (petitioner), she was compelled to leave her matrimonial home along with her two children sometime in December, 2020 and since then, she is residing at Rayanawali, District Sriganganagar (Rajasthan) and earning her livelihood by selling Golgappa.

She further revealed that she is not held in any unlawful confinement and restraint by anyone, including private respondent, with whom she is residing on her own volition.

The Court, while considering the petition, said that the cause for keeping this petition pending seeking writ of Habeas Corpus does not exist anymore.

The petitioner is free to approach the Family Court if he has any grievance, held the High Court.

“At this stage, it would be appropriate to address on the issue of cost as this Court has got an impression that it is a frivolous piece of litigation, which wasted the precious time of the Court, which could have been utilised in adjudicating more pressing matters.

“The personal prejudice of the petitioner against his wife has been given clothing of a cause to file this Habeas Corpus petition and therefore the petitioner is saddled with cost of Rs 3,000, which shall be paid either in cash or by transfer in the bank account details of which shall be provided by the Corpus within 30 days and a compliance report shall be filed”, the order read. ILNS/


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