The Telangana High Court has reaffirmed that the Writ of Habeas Corpus is an extraordinary remedy meant to protect against illegal detention and should not be misused for personal disputes, such as custody battles or marital conflicts.
Key Observations by the Court
- Habeas Corpus applies only to illegal detention: The court stated that this writ can only be issued when a person is unlawfully imprisoned or detained without legal authority.
- Not a tool for family disputes: The writ is often invoked in cases where a spouse is allegedly detained by parents or for child custody battles. However, courts must ensure the detention is truly unlawful before granting relief.
- Alternative legal remedies should be pursued: The court advised that in cases where a person is missing, the correct approach is to file a “Missing Person” report with the police or take action under the Code of Criminal Procedure, 1973, instead of invoking the writ jurisdiction of constitutional courts (Selvaraj Vs. State).
Case Background
- The husband filed a Habeas Corpus petition claiming that his wife was being illegally detained and that her life was in danger.
- The government pleader countered this claim, stating that the woman had left voluntarily due to physical abuse by her husband. The police had already spoken to her, confirming that she was not being held against her will.
Court’s Verdict
The court dismissed the petition, reinforcing that Habeas Corpus cannot be used as a tool for personal grievances and advising individuals to seek appropriate legal remedies for such disputes.
