Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
3 years, 7 months ago

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court

Live Law  

The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus: "In view of the other remedies available for the purpose under criminal and civil law, issuance of a writ of habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out." "The remedy of writ of habeas corpus at the instance of a person seeking to obtain possession of someone whom he claims to be his wife would therefore not be available as a matter of course," the Court further added. Lastly, noting that in the facts of the instant case, the petitioner no.2 having left her matrimonial home on her own on account of a matrimonial discord, the Court observed that the instant petition seeking a writ of habeas corpus at the behest of the husband would not be entertainable.

Court Habeas Corpus Writ His Wife Husband Habeas Corpus Her Matrimonial Home Regain Wife  habeas  observed  seeking  matter  husbands  high  corpus  husband  court  available  writ  regain  wife  course  matrimonial

History of this topic

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister
3 weeks, 1 day ago

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister

Op India  

A bizarre case came up for hearing before the Rajasthan High Court in which a man claiming to be in a live-in relationship with his sister filed a habeas corpus petition alleging that his sister was detained by her in-laws. Maybe the offence of adultery is not attracted against a woman, but the very purpose of conferring high prerogative writs …

Man Has No Fundamental Right To Live-In Relationship With A Married Woman, Particularly When She Appears To Be His Own Sister: Rajasthan HC
3 weeks, 3 days ago

Man Has No Fundamental Right To Live-In Relationship With A Married Woman, Particularly When She Appears To Be His Own Sister: Rajasthan HC

Live Law  

The expression locus-standi is a Latin term that means “place of standing” and refers to the legal right of a person to bring a law suit or to participate in a legal proceeding. The writ of habeas corpus has always been looked upon as an effective means to ensure release of the detained person and any emotional or intellectual concern …

Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC
1 month, 2 weeks ago

Habeas Corpus Most Potent Safeguard Against Illegal Detention, Can't Be Run Down By Misuse In Marital, Child Custody Cases: Telangana HC

Live Law  

The Telangana High Court has reiterated that the remedy of Habeas Corpus is an extraordinary remedy available to safeguard against disappearances or illegal detention. "A Writ of Habeas Corpus can only be issued when a detention or imprisonment is without authority of law i.e., when the person is under illegal detention. With the expansion of the scope of Habeas Corpus, …

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates
1 month, 3 weeks ago

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates

Live Law  

While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law. The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Cases of missing persons cannot be …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
6 months, 1 week ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
6 months, 3 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws
6 months, 3 weeks ago

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws

Live Law  

Rajasthan High Court allowed a habeas corpus petition filed in relation to a 2-year-old by a widowed mother, accused of abetting the suicide of her husband by in-laws. The division bench of Justice Inderjeet Singh and Justice Bhuwan Goyal ruled that mother being the natural guardian and in sound financial position as opposed to the respondent-grandparents was entitled to the …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
1 year, 1 month ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year, 3 months ago

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court

Live Law  

The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother of the detenue-Takbeer Khan, aged about 3 years and 7 months. The Allahabad …

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’
1 year, 9 months ago

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’

Live Law  

Opposing the habeas corpus petition challenging Tamil Nadu minister Senthil Balaj’s arrest in the money laundering case, the Enforcement Directorate on Tuesday argued that the court cannot interfere in the matter in a habeas corpus plea when the trial court has held the custody to be not illegal. Mehta also argued that though executive actions can be challenged when they …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 9 months ago

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Live Law  

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. "All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her …

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband
1 year, 9 months ago

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband

Live Law  

The Uttarakhand High Court, while declining to issue the writ of habeas corpus in favour of a husband, has allowed his wife to stay with her friend with whom she is residing on her own free will. Thus, he filed a writ petition in the High Court seeking issuance of a writ of habeas corpus to get back his wife. …

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’
2 years ago

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’

Live Law  

Indian case law extensively covers matters concerning international parental child removal to India from a foreign country. Consequently, in most cases, the left-behind parent is constrained to approach the jurisdictionally appropriate court in his or her home country for an ‘emergency custody order’ requiring the child's return by a set date. The court in this case noted that, “unless, the …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 5 months ago

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

Live Law  

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation …

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained
2 years, 5 months ago

Kerala High Court Exalts Police Assistance In Tracing Out Woman Alleged To Have Been Illegally Detained

Live Law  

The Kerala High Court recently appreciated the "invaluable assistance" rendered to it by the State Police in disposing a habeas corpus writ petition.The Division Bench consisting of Justice K. Vinod Chandran and Justice C. Jayachandran exalted the assistance of various Police Personnel within State Police Department in tracing out the person, alleged to have been illegally detained, both. The Kerala …

Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court
2 years, 5 months ago

Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court

Live Law  

Disposing of a habeas corpus petition, the Jaipur Bench of the Rajasthan High Court recently said that in absence of an allegation of 'illegal detention' in cases where a 'Missing Person Report' has already been filed, the proper course available would be to approach the concerned magistrate. The petitioner had filed a habeas corpus petition before the Rajasthan High Court …

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court
2 years, 8 months ago

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court

Live Law  

The Supreme Court, on Thursday, held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdiction, independent of any statute and therein the paramount consideration of the Court is to ascertain what is in the best interest of the child. The primary object of a Habeas Corpus petition, as …

MP High Court Directs Husband Accused Of Beating Wife To Stay At In-Laws House For 1 Month To 'Reunite' Family
3 years, 1 month ago

MP High Court Directs Husband Accused Of Beating Wife To Stay At In-Laws House For 1 Month To 'Reunite' Family

Live Law  

The Madhya Pradesh High Court recently directed a man who has been accused of beating his wife to live with his wife at his in-laws' place for one month "so that the family gets reunited for all times to come".The order came from the bench of Justice Rohit Arya on a habeas corpus plea filed by his wife seeking a …

'Concentrate On Completing Education': Madhya Pradesh High Court Advises Adult Woman Wanting To Marry Outside Religion
3 years, 1 month ago

'Concentrate On Completing Education': Madhya Pradesh High Court Advises Adult Woman Wanting To Marry Outside Religion

Live Law  

The Madhya Pradesh High Court on Tuesday, directed the release of an adult woman confined at Nari Niketan, who was facing opposition in her family for wanting to marry a man outside her religion. Having observed the same, the Court held that since the Corpus had attained the age of majority, she could not be confined in Nari Niketan, and …

Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter
3 years, 1 month ago

Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter

Live Law  

In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes …

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost
3 years, 2 months ago

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost

Live Law  

Observing that "Litigants and members of the Bar appear to have not understood the importance and seriousness of this extraordinary writ of Habeas Corpus," the Karnataka High Court recently dismissed a petition filed by a father seeking directions to produce his 2 year old girl before the court, who is in safe custody of her mother. Wife opposed the plea: …

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 4 months ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court
3 years, 5 months ago

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently ruled that only an assertion that the corpus has been abducted by some unknown miscreants, is not sufficient to seek issuance of a writ of habeas corpus.The Bench of Justice S. A. Dharmadhikari further held that the condition precedent for instituting a writ of habeas corpus is that the person for whose release, the …

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC
3 years, 5 months ago

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC

Live Law  

The Gauhati High Court recently held that missing person cases would not come within the ambit of a habeas corpus petition, but such cases are required to be registered under the regular provisions of the Indian Penal Code.The Bench of Justice Kalyan Rai Surana was hearing a habeas corpus plea filed by one Mamoni Kakoty praying for a direction. The …

"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital
3 years, 6 months ago

"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital

Live Law  

Dealing with the Habeas Corpus plea seeking the tracing of an 82-year-old COVID Patient who went missing from TB Sapru Hospital in Prayagraj, the Allahabad High Court on Wednesday directed for the further tracing of the corpus and observed that its primary concern in the instant plea was tracing of the corpus. Court's proceedings on September 13 Dealing with the …

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman
3 years, 7 months ago

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman

Live Law  

The Allahabad High Court on Wednesday dismissed a Habeas corpus plea with 50,000/- cost noting that it had been filed to defame the image of a woman, with the only intention to 'somehow' get her custody. In compliance of the Court's order dated August 4, 2021, the petitioner no.1 Netrawati Yadav/corpus was presented before the Court along with her father, …

"All's Well That Ends Well": Delhi HC Disposes Of Plea As Newly Wedded Couple Gets Reunited After Court's Order
3 years, 7 months ago

"All's Well That Ends Well": Delhi HC Disposes Of Plea As Newly Wedded Couple Gets Reunited After Court's Order

Live Law  

"All 's well that ends well" said the Delhi High Court on Tuesday after taking note of the fact that the newly wedded couple was reunited pursuant to Court's order.The Court disposed off a habeas corpus petition filed on behalf of a husband alleging that his wife was illegally detained in Uttar Pradesh's Etah District after her parents seperated them.A …

'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies
3 years, 8 months ago

'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies

Live Law  

The Kerala High Court on Wednesday expressed its disappointment with the media reports which stated that a woman and her child were in the custody of extremist bodies, after the Court had issued a notice on a Habeas Corpus plea of woman's husband. Thereafter, the Court had issued notice, which the Court noted that it usually does in petitions seeking …

"Section 97 CrPC Has Become Dead Letter": Supreme Court Urges Habeas Corpus Petitioner To Take Recourse To S. 97 In Matter Of Illegal Detention Of Wife By Father
3 years, 10 months ago

"Section 97 CrPC Has Become Dead Letter": Supreme Court Urges Habeas Corpus Petitioner To Take Recourse To S. 97 In Matter Of Illegal Detention Of Wife By Father

Live Law  

The Supreme Court on Tuesday urged a petitioner, having filed a habeas corpus plea under Article 32 against the illegal detention of his wife by her father, to take recourse to section 97, Cr. It may be noted that the said section 97 provides that if any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to …

Whether Writ Of Habeas Corpus Maintainable Against Judicial Order Sending A Juvenile To A Juvenile Home? Allahabad High Court FB To Decide
4 years, 3 months ago

Whether Writ Of Habeas Corpus Maintainable Against Judicial Order Sending A Juvenile To A Juvenile Home? Allahabad High Court FB To Decide

Live Law  

A Division Bench of the Allahabad High Court on Tuesday made a reference to a Full Bench, seeking to decide the issue whether a writ of habeas corpus is maintainable against an order passed by a Judicial Magistrate/ Child Welfare Committee, sending a corpus to the Juvenile Home/ Nari Niketan/ Child Care Home. Precedents in State's favour In Saurabh Pandey …

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus
4 years, 3 months ago

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus

The Hindu  

I F Justice Dhananjai Chandrachud imagined that the ornate, florid prose in his judgment in Arnab Goswami’s case would win him plaudits, the flurry of editorials criticising it must have disillusioned him, especially the criticism that followed another case which came soon after, exposing double standards. Yogi has bought whole pages of expensive The very next day, on October 6, …

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis
4 years, 4 months ago

Discouraging Article 32 Habeas Corpus Petitions – The Legal Basis

Live Law  

Observations by a bench of the Supreme Court headed by the Chief Justice of India while hearing a habeas corpus writ petition under Article 32 of the Constitution that the court is trying to discourage Article 32 Petitions - has understandably received coverage critical of the judicial attitude of the court. The court's observations ostensibly come from passage in Union …

[Breaking] Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Read Order]
4 years, 5 months ago

[Breaking] Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Read Order]

Live Law  

The Allahabad High Court on Thursday dismissed the habeas corpus writ petition filed on behalf of the Hathras victim's family against alleged illegal detention by the UP Government. In the aforesaid facts and circumstances of the case, judicial propriety demands that it will not be proper for this Court to entertain the present petition on merits, especially when security has …

In Democracy, If Atrocity Committed By Police Against An Advocate, What Would Be Fate Of General Citizen: Asks AP HC [Read Order]
4 years, 8 months ago

In Democracy, If Atrocity Committed By Police Against An Advocate, What Would Be Fate Of General Citizen: Asks AP HC [Read Order]

Live Law  

"In a democratic state, if such an atrocity is committed by a government functionary against an advocate, who is an officer of the court, it is difficult to perceive the fate of the general citizen", observed the Andhra Pradesh High Court on Monday. The bench of Justices Rakesh Kumar and K Suresh Reddy was hearing a habeas corpus plea against …

‘Same sex couples can live together’: Uttarakhand HC
4 years, 9 months ago

‘Same sex couples can live together’: Uttarakhand HC

Hindustan Times  

Consensual cohabitation between two adults of the same sex is not illegal or a crime, the Uttarakhand high court observed recently while hearing a petition. Individuals from the same sex might not be competent to enter into a wedlock since the law does not recognize such marriages, but they still have a right to live together even outside the wedlock, …

Writ In Nature Of Habeas Corpus Maintainable In Matters Of Child Custody: Madhya Pradesh [Read Judgment]
4 years, 9 months ago

Writ In Nature Of Habeas Corpus Maintainable In Matters Of Child Custody: Madhya Pradesh [Read Judgment]

Live Law  

The Madhya Pradesh High Court recently allowed a habeas corpus petition, which in effect pertained to the custody of a 2 year old boy, holding US citizenship. Emphasizing on the family law principle that "welfare of the child is of paramount importance", the bench of Justice SC Sharma examined the issue whether a Habeas Corpus petition is maintainable in respect …

SC Grants Relief To Couple Who Married Against Parental Wishes By Staying Habeas Case Filed By Wife's Father
5 years, 1 month ago

SC Grants Relief To Couple Who Married Against Parental Wishes By Staying Habeas Case Filed By Wife's Father

Live Law  

In an interim relief to a couple who had married out of love against parental wishes, the Supreme Court on Tuesday stayed the proceedings in a habeas corpus plea filed by the wife's father in Rajasthan High Court.The couple, originally belonging to Rajasthan, settled in Mumbai after marriage. In an interim relief to a couple who had married out of …

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]
5 years, 2 months ago

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a writ of habeas corpus cannot be invoked for granting plea seeking premature release of a convicted prisoner. The Court was considering appeals against the Madras High Court orders which had allowed Habeas Corpus writ petitions filed by prisoners convicted and sentenced for life imprisonment in murder cases. The Court noted the settled propositions …

Habeas Corpus Not Maintainable When Detention Is Under The Witness Protection Scheme, 2018: MP HC [Read Judgment]
5 years, 3 months ago

Habeas Corpus Not Maintainable When Detention Is Under The Witness Protection Scheme, 2018: MP HC [Read Judgment]

Live Law  

The Indore bench of the Madhya Pradesh High Court has held that a petition in the nature of habeas corpus is not maintainable in cases where the detention is made for protection of witnesses, as envisaged under the Witness Protection Scheme, 2018. Witness Protection Scheme, 2018 provides for protection of witnesses based on the threat assessment and protection measures inter …

Habeas Corpus Hearings : Then & Now
5 years, 6 months ago

Habeas Corpus Hearings : Then & Now

Live Law  

The great constitutional theorist A.V. Dicey said about the Habeas corpus writs that while they "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty" The Supreme Court of India in 1966 said "This writ has been described by John Marshall, C.J., as "a great constitutional privilege". First, there …

Judicial Abdication In Kashmir Habeas Petitions
5 years, 6 months ago

Judicial Abdication In Kashmir Habeas Petitions

Live Law  

The habeas corpus writ is known as the 'great writ of liberty', as it seeks the immediate protection of personal liberty from the excesses of State power.But the orders passed by the Supreme Court on August 27 in two habeas corpus petitions concerning detentions in Kashmir do not reflect the spirit of this glorious writ. But the orders passed by …

Remand Order Cannot Be Challenged In Habeas Corpus Petition: Supreme Court [Read Judgment]
6 years ago

Remand Order Cannot Be Challenged In Habeas Corpus Petition: Supreme Court [Read Judgment]

Live Law  

The Supreme Court has observed that the act of directing remand of an accused is a judicial function and the challenge to the order of remand is not to be entertained in a habeas corpus petition. While allowing the appeal filed by Serious Fraud Investigation Office against the Delhi High Court order in a habeas corpus petition, the bench comprising …

Madras HC Disposes Of Husband's Habeas Corpus Petition By Dissolving Marriage Recording Mutual Consent [Read Order]
6 years, 2 months ago

Madras HC Disposes Of Husband's Habeas Corpus Petition By Dissolving Marriage Recording Mutual Consent [Read Order]

Live Law  

The Madras High Court recently dissolved marriage between a man and his wife while disposing of a habeas corpus petition filed by the former.The husband has filed the petition seeking a direction to the police to produce his wife, allegedly kidnapped by another person.The bench comprising of Justice N. Kirubakaran and Justice Abdul Quddhose interacted with the 'wife', who told …

Madras HC Deprecates Practice Of Converting Man Missing Cases As Habeas Corpus Petitions [Read Order]
6 years, 10 months ago

Madras HC Deprecates Practice Of Converting Man Missing Cases As Habeas Corpus Petitions [Read Order]

Live Law  

Man missing cases are to be dealt as regular cases by the competent court of law and the extraordinary jurisdiction of the constitutional courts cannot be invoked for the purpose of dealing with such man/women missing casesThe Madras High Court recently observed that there should be some restraint in entertaining habeas corpus petitions in relation to man/woman missing cases.The court. …

Bombay HC Allows Habeas Corpus Petition Filed By Wrongfully Detained Man’s Wife, Orders His Release [Read Order]
7 years ago

Bombay HC Allows Habeas Corpus Petition Filed By Wrongfully Detained Man’s Wife, Orders His Release [Read Order]

Live Law  

The Bombay High Court on Wednesday ordered the release of an illegally detained man and allowed the petition filed by his wife.A division bench of Justice SC Dharmadhikari and Justice PD Naik was hearing the habeas corpus petition filed by the detainee’s wife.Advocate Rizwan Merchant appeared for the petitioner and argued that the police did not comply with Section 41 …

Bombay HC Allows Habeas Corpus Petition Filed By Wrongfully Detained Man’s Wife, Orders His Release [Read Order]
7 years ago

Bombay HC Allows Habeas Corpus Petition Filed By Wrongfully Detained Man’s Wife, Orders His Release [Read Order]

Live Law  

The Bombay High Court on Wednesday ordered the release of an illegally detained man and allowed the petition filed by his wife.A division bench of Justice SC Dharmadhikari and Justice PD Naik was hearing the habeas corpus petition filed by the detainee’s wife.Advocate Rizwan Merchant appeared for the petitioner and argued that the police did not comply with Section 41 …

Can HC Nullify Marriage Between Two Adults In A Habeas Petition by Girl’s Father? Akhila Case To SC [Read Petition]
7 years, 8 months ago

Can HC Nullify Marriage Between Two Adults In A Habeas Petition by Girl’s Father? Akhila Case To SC [Read Petition]

Live Law  

A special leave petition has been filed in the Supreme Court of India challenging the Kerala High Court Judgment which nullified the marriage of an adult woman converted to Islam with a Muslim man, in a habeas corpus petition filed by her father.The Petition filed by Shefin Jehan alleges that High Court allowed the writ of habeas corpus filed by …

Can HC Nullify Marriage Between Two Adults In A Habeas Petition by Girl’s Father? Akhila Case To SC [Read Petition]
7 years, 8 months ago

Can HC Nullify Marriage Between Two Adults In A Habeas Petition by Girl’s Father? Akhila Case To SC [Read Petition]

Live Law  

A special leave petition has been filed in the Supreme Court of India challenging the Kerala High Court Judgment which nullified the marriage of an adult woman converted to Islam with a Muslim man, in a habeas corpus petition filed by her father.The Petition filed by Shefin Jehan alleges that High Court allowed the writ of habeas corpus filed by …

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