Habeas corpus plea can't be used to force woman to return to family: Karnataka High Court

The Karnataka High Court on Thursday held that habeas corpus petitions cannot be misused to settle matrimonial disputes or compel adult women to return to their families.

A vacation bench of Justices HP Sandesh and P Sree Sudha dismissed two habeas corpus writ petitions, calling them an 'abuse of process' and imposed costs of ₹25,000 on each of the petitioners, a husband in one case and a father in another.

In the first matter, a man sought production of his child, alleging that the mother had taken the child away.

The Additional Government Advocate submitted that the issue was a matrimonial dispute between the husband and wife, disguised as a writ petition.

While dismissing the plea with costs, the Court noted,

“Having considered the factual aspects of the case as well as the submissions of respondents, this is nothing but an abuse of process. Instead of seeking appropriate remedy, the petitioner filed the writ petition before this court invoking writ jurisdiction for production of child by filing a writ of habeas corpus.”

In the second case, a father alleged that his 25-year-old daughter was being illegally detained after she eloped with an unknown person.

The Court questioned the father's urgency for having moved the vacation bench in May.

The High Court Government Pleader informed the Court that the woman had been granted protection by a coordinate bench on April 15.

The woman had expressed apprehension of threats from family members and sought police protection. The Court noted that the daughter had left the family home on April 6 and approached the police two days later.

Noting that the daughter was an adult, the Court said that writ jurisdiction could not be invoked against an adult acting of their own volition.

“She is major and aged about 25 years. Court cannot force her to join family or not. Why are you invoking habeas corpus? This is nothing but abuse of process by the petitioner by filing a writ of habeas corpus. Everyday, girls elope. Even boys taking girls. Can we sit here and decide habeas corpus?”

The Court stated that genuine cases would always be considered, however, since no genuine cause existed in the present matter, judicial time had been wasted.