When Can Married Couples File A Habeas Corpus Application In Court?

Habeas corpus is a term that can be defined as one of the most important constitutional remedies for the people to protect their fundamental rights to personal liberty. In India this writ of habeas corpus is given under Article 32, and Article 226 of the Indian Constitution, which provides the power to the Supreme Court and High Courts respectively to intervene in cases of unlawful detention. It can be invoked by any person to release someone held unlawfully, but it takes very particular significance when it concerns married couples.

Married couples, who might already be facing social, familial, or legal conflicts, can go to habeas corpus in a situation where one spouse is detained against his/her will or is deprived of freedom.

What is a Habeas Corpus?

A writ of habeas corpus is a judicial order given to a person or authority holding another person captive. The order requires that the person be brought before the court and that reasons be provided to justify the legality of the detention. If the court finds the detention illegal or unjust, it orders the immediate release of the detainee.

This writ acts as a strong weapon against arbitrary and unreasonable arrest, detention, or confinement, and can be invoke by:

• The aggrieved party himself or herself.
• A family member, friend, or well-wisher on behalf of the aggrieved.

Habeas corpus does not merely strive to restrain tyranny in state action; it also extends its arms into the private sector to ensure that no citizen’s liberty is unjustly curtail.

Married Couples Filing a Habeas Corpus Application

Unlawful Detainment of Spouse by Family Members:

In these situations, one spouse, particularly the woman, gets detain or kept under the surveillance of her family against the wishes of marriage; very usefully, here the spouse can file for a habeas corpus petition. This occurs in those kinds of love marriages, inter-caste, or inter-religion marriages generally disapproved by their families.

Example: A woman’s parents might confine her inside their house; she cannot contact her husband and thus needs to file a habeas corpus petition in High Court for her release, wherein the husband is represent.

Case law:

• Lata Singh v. State of U.P. (2006): The Supreme Court ruled that adults have every right to marry whomever they choose, and intervention by families in their lives amounts to a violation of their liberty. It further held that confinement of an adult woman to prevent her from living with her newlywed husband is illegal and amounts to unlawful detention.
• Shakti Vahini v. Union of India (2018): The Court denounced honor killings and any kind of coercion in matters of inter-caste and inter-religious marriages. It specifically reiterated that such acts infringe on the right of liberty and dignity of an individual.

Illegal Custody of a Spouse by a Third-Party:

Unlawful detention of one spouse by a third party, like in-laws or whosoever, will allow an aggrieved spouse to file a habeas corpus petition. For example, a husband is kept by his in-laws due to quarrels, or a wife is prevent from living with her husband due to some external causes.

Example: The in-laws prevent the wife from leaving to take up residence with her husband. Such an occasion should allow the husband to approach courts to seek a habeas corpus for discharge. 

Case Law:

Rajesh Sharma v. State of U.P. (2017): The Supreme Court address the situation where a couple had a matrimonial dispute and ultimately, the incident led to illegal confinement, emphasizing that a habeas corpus writ is well-suite for securing the illegal detention of a spouse.

Child Custody Disputes:

Where one parent illegally detains a child, the aggrieved parent can file a habeas corpus petition. From the angle of the rights of the spouses, the court also takes note of cases in which a child has been wrongfully take away.

Example: There is a marital discord, and one spouse has unlawfully retained a child. The aggrieved parent can seek the court’s intervention to obtain custody of the child and to have him released.

Case Law:

• Smt. Surinder Kaur Sandhu v. Harbax Singh Sandhu (1984): It was rule by the Supreme Court that in child custody matters, the paramount objective is to see the welfare of the child. The Court used a habeas corpus writ to secure the custody of the child unlawfully detained by one parent.
• Tejaswini Gaud v Shekhar Jagdish Prasad Tewari (2019): The Court reiterate the principle that habeas corpus can be employee for the welfare and settlement of inter-spousal disputes over a child.

Detention of a Spouse under False Criminal Charges:

It should be possible for spouses detain under a false criminal charge to secure liberty from such detention, a situation wherein one spouse has become lawfully confine in the hands of police or other authorities under pretenses instituted by the relatives. The other one could undertake the filing of a petition for habeas corpus to contest the illegal detention by police and if not pursuing the individual within 24 hours in court then file a writ petition of Heabous Corpous file a petition and also  Quashing of False FIR.

Example: Suppose a wife has been arrest base on fictitious allegations regarding theft by her parents, made to prevent her from living with her husband; the husband thus seeks habeas corpus on the basis that the detention is illegal.

Case Law:

K. A. Abdul Jaleel v. State of Kerala (2005): The court held that where an individual is hold by false charges, habeas corpus is the proper relief to assert his freedom.

Procedure for Filing a Habeas Corpus Application

• Jurisdiction: The writ may be file either in the High Court under Article 226 or in the Supreme Court under Article 32 by the petitioner.
• Contents of Petition: It must include the following:

• Particulars of the petitioner and also information of the detainee.
• Grounds for the alleged illegal detention.
• Specific facts and materials to support the claim.

• Court Proceedings: On receiving the petition, the court shall issue a notice to the other side (that is detaining authority or person) for production of the detainee.
• Hearing and Decision: The court looks into the legality of the detention and passes an order detaining the detainee if it finds the detention is illegal.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtain at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.