Voluntary Elopment of Wife Not Grounds for Habeas Corpus, Clarifies Madras High Court

The Madras High Court held that a habeas corpus petition cannot be used by a husband to secure the return of his wife if she has voluntarily left and chosen to live with another man.

The Court emphasized that habeas corpus is meant only for cases of illegal detention, not personal or marital disputes.

Since the woman was an adult acting of her own free will, no coercion or unlawful custody was established.

The bench clarified that such situations fall within the realm of matrimonial or civil remedies, not constitutional writ jurisdiction, reinforcing the autonomy and personal liberty of individuals.

[S Murgan v. The Superintendent of Police & Ors.]