Living With Her Own Free Will: Uttarakhand HC Allows Wife To Live With Her Friend, Rejects Husband's Plea Of Illegal Detention
The Uttarakhand High Court while rejecting a husband’s habeas corpus petition has allowed his wife to live with her friend at her own will.
“…Be that as it may, since Sushma Singh (corpus) has categorically stated that she is living with respondent no.9 (friend) with her own free will, therefore, no further order can be passed”, observed a bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit in the matter.
Advocate M.C. Pant appeared for the appellant-applicant and Deputy Advocate General J.S. Virk appeared for the State.
In the instant case, the petitioner-husband’s marriage to his wife was solemnized on February 26, 2012, and they have a son and a daughter out of wedlock.
It was stated, that the wife left for Dehradun with their daughter for Faridabad on August 7, 2022, and has not returned back since then. However, their daughter is living with the petitioner.
Pursuant to this, the petitioner expressing an alleged apprehension that respondent no.9-wife’s friend has detained his wife, made a prayer to issue a writ of Habeas Corpus.
The Court accordingly vide order dated May 4, 2023, directed the wife to be present on the next date.
The wife, thereafter stated before the court that she had gone to Faridabad of her own free will and is now residing with respondent no.9.
She further stated that the petitioner used to misbehave with her, therefore, she is not willing to reside with her husband at her matrimonial house.
Accordingly, the bench disposed of the petition.