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Writ of Habeas Corpus is “Festinum Remedium”- It can’t be Invoked to regain Wife: Allahabad HC

Team SoOLEGAL 22 Feb 2021 3:08pm

Writ of Habeas Corpus is “Festinum Remedium”- It can’t be Invoked to regain Wife: Allahabad HC

Allahabad High Court was hearing a Habeas Corpus petition filed by the husband in which it was prayed that, the wife that is petitioner number 1 must be present before the Court. According to the AGA and as per the report of the circle office, the wife, because of some disputes with her husband, had left her matrimonial home on her own will. The main dispute between the husband and wife was because the husband had entered into a second marriage and also a child was born out of the wedlock and because of this dispute the AGA had contended that, the writ of Habeas Corpus is not maintainable.

Petitioner number 2 that is the husband had stated that, he did not enter into a second marriage and at the same time the facts that he was in an extramarital affair and also a child was born were not disputed by the petitioner. The Court by relying on a case Mohammad Ikram Hussain Vs. State of U.P[1]., had stated that, the writ of Habeas Corpus is a privilege writ and an extraordinary redress and it can only be issued either on a fair basis or on a probable cause.

The Court was of the view that, the writ of Habeas Corpus is Festinum Remedium and this power could only be exercised in a clear case. In this case, the writ of Habeas Corpus to obtain a person whom the husband claims to be his wife cannot be acceptable.  The Court had held that, since the wife had left her matrimonial home on her own will because of some disputes with her husband, the current petition of Habeas Corpus by the husband is not maintainable. By stating that, the husband can file any other application mentioned under Criminal and Civil Law, the Court had dismissed the petition.   



Tagged: Allahabad HC   Festinum Remedium   Habeas Corpus petition   Habeas Corpus   Criminal Law   Civil Law  
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