BHUBANESWAR: Expressing concern over the growing trend of using habeas corpus petitions to settle personal scores in matrimonial disputes, the Orissa High Court has dismissed a husband’s plea alleging that his wife had been kidnapped and imposed a fine of Rs 50,000 on him.
A division bench comprising Chief Justice Harish Tandon and Justice MS Raman observed that the petition was a clear attempt to pressure the wife into returning to the matrimonial home rather than a genuine case of illegal detention.
“The wife is a major and capable of taking decision of her life and cannot be treated as a chattel in the hands of her husband,” the bench said.
The court noted that the petitioner himself had annexed a copy of an FIR lodged at Anantapur police station in Balasore on May 12. According to the FIR, the husband had visited the residence of a person whom he later accused of kidnapping his wife and requested her to return home. The woman, however, refused.
Referring to the husband’s own account, the judges questioned how the incident could amount to kidnapping.
The bench observed that the materials on record clearly indicated that the woman had voluntarily left the matrimonial home because of discord in the relationship.
“If she has decided to live apart for the alleged torture having perpetrated upon her, this forum cannot be used to secure her presence before this Court and/or in the matrimonial house,” the bench said. Warning against the increasing misuse of habeas corpus proceedings in family disputes, the court remarked that such petitions are often filed as “a device to settle the personal score” once allegations and counter-allegations emerge between estranged spouses.
The bench dismissed the petition and directed him to deposit `50,000 with the State Legal Services Authority within two weeks. The amount will be earmarked for the welfare of juveniles.
