CUTTACK: In a strongly worded judgement, the Orissa High Court has dismissed a habeas corpus petition filed by one Vikram Kumar Badaik, observing it to be a classic example of the misuse and abuse of judicial process.
The division bench, comprising Chief Justice Harish Tandon and Justice MS Raman also imposed a cost of Rs 25,000 on the petitioner for filing a frivolous and misconceived writ. Badaik, a 38-year-old resident of Chhend area in Rourkela, had approached the court seeking the custody of his wife Pooja (35) and son Shiven (3), alleging their wrongful detention by his wife’s brother. However, the bench found that there was no evidence to suggest any form of illegal confinement.
“The petitioner is well aware that his wife left the matrimonial home for reasons known to both. Yet, he has misused the habeas corpus provision to settle a personal score,” the court observed.
A complaint dated April 30, 2025, was annexed to the petition, with claims that police authorities refused to accept it. However, the court found no credible follow-up by the petitioner to substantiate the claim. “We do not believe the petitioner ever approached the police,” the judges stated, calling the complaint an afterthought for the purpose of litigation.
The court was also informed by the IIC of Chhend Police Station, Rourkela that the wife and child were residing safely with her parents and had not been forcibly restrained. “The wife has every right to make independent choices in her life. She is not a commodity to be controlled at the whim of the husband,” the court pronounced.
Condemning the misuse of legal provisions for personal grievances, the bench ruled that habeas corpus cannot be invoked in matrimonial disputes where no illegal detention is established. It emphasised that courts cannot be used as tools to bypass proper legal channels or to enforce patriarchal control.
The writ was dismissed with a direction to deposit Rs 25,000 with the Odisha State Legal Services Authority within two weeks. The amount is to be utilised for the welfare of street children. In case of default, the authority is permitted to recover the sum through legal means.