In this habeas corpus petition, the petitioner sought release of his wife, Corpus-Ayushi, alleging illegal detention. The wife appeared, stated she was living with respondents by free will, and claimed she was a major. The Court held there was no illegal detention and dismissed the petition.
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HABC No.2 OF 2015
Hon’ble U. C. Dhyani, J.
Mr. Mohd. Alauddin, Advocate present for the petitioner.
Mr. S. S. Adhikari, Brief Holder present for the State.
Mr. B. M. Pingal, Advocate present for the corpus-Ayushi.
Mr. Nagesh Aggarwal, Advocate present for the respondents no.3 to 6.
By means of present Habeas Corpus Petition, the petitioner seeks to issue a writ or order in the nature of habeas corpus directing the respondents no.1 & 2 to produce the Corpus-Ayushi (wife of the petitioner) because she is in illegal detention and custody of respondents no.3 to 5.
Corpus-Ayushi is present in person before this Court, duly identified by her counsel Mr. B. M. Pingal. Corpus-Ayushi says that she has not married to the petitioner. She further states that she is living with respondents no.3, 4 & 5 as per her free will and wish.
Assuming for the sake of arguments that she has married to the petitioner, but this is a Habeas Corpus Petition in which the corpus cannot be compelled to go with the petitioner against her wishes. Corpus also says that her date of birth is 13.01.1994. By that analogy, she is 21 years old and a major cannot be compelled to go with a person against her will.
Having considered all facts of the case, this Court is of the opinion that this is not a case of illegal detention of corpus. The alleged corpus has already been produced before this Court, therefore, no order is required to be passed. The corpus has not been illegally detained by the private respondents and she is residing with the respondents as per her free will.
Habeas Corpus Petition fails and is dismissed.
(U. C. Dhyani, J.)
Dated 24.04.2015
Rawat
2 issues framed by the court
Whether the woman is illegally detained or residing voluntarily with respondents.
Whether a writ of habeas corpus is required when the corpus is produced before the court.
1 provisions across 1 enactments
Petitioner
Corpus-Ayushi
Respondents No.1 and 2
Respondents No.3 to 5
U. C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
