ALLAHABAD HIGH COURT OBSERVES HABEAS CORPUS AS “FESTINUM REMEDINUM”

25th Feb 2021

To produce the wife in Court, a husband filed a writ petition of Habeas Corpus in Allahabad High Court. Allahabad High Court dismissed this petition as the wife left her matrimonial home on matrimonial discord; she stated that her husband has entered into a second marriage, and a child is born out of wedlock. Defence states that there was no second marriage but did not dispute that he was in an extramarital affair and that a child was born.

The Court observed, “The writ of habeas corpus is an extraordinary and prerogative remedy. It is a writ of right and not a writ of course and may be granted only on the reasonable ground or probable cause being shown’ while referring to Mohammad Ikram Hussain vs State of UP and few other cases. The court further held that Habeas Corpus had been held as festinum Remedinum, and accordingly, the power should be exercisable in a clear case. In this instant case, the husband's issuance of a writ Habeas Corpus to regain his wife may not be available as a matter of the case and may be exercised only when a clear case is made out. Hence, the petition was dismissed as Habeas Corpus cannot be invoked to regain his wife.

Author: Papiha Ghoshal