While declining to issue a writ of habeas corpus in favour of the husband, the Uttarakhand High Court allowed his wife to live with her live-in partner. The husband has alleged that his wife is illegally detained by her friend. However, the court held that she was residing with him on her own will.
Both the petitioners were married in 2012 and had two children out of that wedlock. They have a 10-year-old son and a 6-year-old daughter. In August 2022, the wife went to Faridabad where her parents lived. But she never returned to her matrimonial house after that.
The husband apprehended that his wife has been illegally detained by respondent no. 9, her live-in-partner. Therefore, he filed a writ petition in Uttarakhand High Court seeking issuance of a writ of habeas corpus to bring her wife back.
During the last hearing, the Court directed to ensure that the wife is also present in the court on the next date of hearing. Following the court’s directions, the woman was present in the court and submitted that she has been living with her friend of her volition and is not detained. She submitted that her husband used to ill-treat her and therefore she don’t want to join him back in their matrimonial home.
While dismissing the petition filed by husband, the Division bench comprising Justice Manoj Kumar Tiwari and Justice Pankaj Purohit stated, “Be that as it may, since the lady has categorically stated that she is living with respondent no. 9 with her own free will, therefore, no further order can be passed.”