VINCIENT D SA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A writ of habeas corpus does not lie even at the instance of a husband in respect of his wife who it is said to have been taken from his house by the father and brother of his wife.

(2.) IF the petitioner's wife has gone with her brother and father from the house of the petitioner on 15.08.2012, it is open to the petitioner to persuade his wife to come and join him, but rushing to the High Court with a petition for issue of a writ of habeas corpus, we cannot appreciate in the least.

(3.) WE do not find any named person who has kept the wife of the petitioner in illegal custody and even the petition averment is that the petitioner's wife went with her father and brother. Now that petitioner has filed a complaint, it is open to him to pursue his complaint before the Police.