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2026 Supreme(Online)(Mad) 21266

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, P.DHANABAL, JJ
K.Kasi Viswanathan – Appellant
Versus
The Commissioner of Police, O/o. The Commissioner of Police, Alagar Kovil Main Road, Tallakulam Post, Madurai – Respondent
Habeas Corpus Petition(MD) No.209 of 2026



Advocates:
For the Appellants/Petitioners: Mr.R.Manoharan
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

A court cannot compel a person to return to an unwilling spouse; issues should be resolved in a competent forum.

Headnote:The court analyzed a habeas corpus petition under Article 226, determining that a wife, after being produced in court, expressed a desire to remain separate from her husband. The court highlighted that it cannot force her to return to him. The dispute should be resolved in a competent court. Ultimately, the petition was closed.

Table of Content
1. application for habeas corpus regarding wife's liberty. (Para 1 , 2 , 3)
2. court cannot compel spouse's return. (Para 4)

(Order of the Court was made by N. ANAND VENKATESH,J.)

The husband has filed this Habeas Corpus Petition seeking for producing the person or body of his wife and to set her at liberty.

2. After notice was ordered by this Court, the detenue was produced before this Court today.

3. We enquired the detenue. She stated that she is not in good terms with her husband and that she is living in her relatives' house in Karur and she is not willing to go along with the petitioner.

4. In our considered view, we cannot force the detenue to go along with the petitioner and if at all there is any dispute between the parties, the same has to be worked out before the competent Court in the manner known to law.

5. Accordingly, this Habeas Corpus Petition stands closed.

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