Allahabad High Court quoted that Writ of Habeas Corpus an extraordinary remedy, not available to husband “as a matter of course” to regain his wife.

Allahabad High Court quoted that Writ of Habeas Corpus an extraordinary remedy, not available to husband “as a matter of course” to regain his wife.

Allahabad High Court quoted that Writ of Habeas Corpus an extraordinary remedy, not available to husband “as a matter of course” to regain his wife.

Court said, “It is writ of right and not a writ of course and may be granted only on reasonable ground or probable cause being shown.”

The Allahabad High Court held that Issuance of a writ of Habeas copus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out.

The writ of habeas corpus is festinum remedium (speedy remedy) and “issuance of a writ of habeas corpus at the behest of a husband to regain his wife” is not entertainable when other remedies are available, Justice Yogendra Kumar Srivastava observed.

“In view of the other remedies available for the purpose under criminal and civil law, issuance of a writ of habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out,” the Court said.
It was dealing with a petition moved by a husband contending that his wife was under detention and seeking a writ of Habeas Corpus for her release.

The Government Advocate disputed the husband’s case arguing that the petitioner (wife) had left her matrimonial home on her own on account of discord with her husband, for the reason that he was stated to have entered into another marriage and a child was also stated to have been born out of the wedlock.

The Court placed reliance on Mohammad Ikram Hussain v State of UP and Kanu Sanyal v District Magistrate Darjeeling to hold that the writ of Habeas Corpus is a prerogative writ and an extraordinary remedy.

“It is writ of right and not a writ of course and may be granted only on reasonable ground or probable cause being shown,” the order said.

The Court rejected the contentions of the petitioner and observed that the writ of Habeas Corpus has been held as a festinum remedium and “the power would be exercisable only in a clear case, the court observed.

“The remedy of writ of habeas corpus at the instance of a person seeking to obtain possession of someone whom he claims to be his wife would therefore not be available as a matter of course,” it said.

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