2026 Supreme(Online)(Mad) 41730

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
M.Manikandan – Appellant
Versus
Superintendent of Police – Respondent
H.C.P.No.957 of 2026

A Habeas Corpus petition is not the appropriate legal remedy for a husband to seek the recovery of an adult wife who has voluntarily left the matrimonial home, particularly when a criminal case regarding the disappearance has already been registered.

Headnote:The case involves a petition filed under Art. 226 of the Constitution of India seeking a writ of Habeas Corpus to produce a wife allegedly in illegal custody. The petitioner submitted that his spouse has eloped with the fourth respondent. The court noted that the individual in question is an adult, aged approximately 23 years, and that a formal criminal complaint has already been registered with the local police authorities. The primary issue concerned the maintainability of a Habeas Corpus petition where the adult spouse has left the marital home voluntarily. The court determined that in such circumstances, where a criminal investigation is already underway, the writ jurisdiction is not the appropriate remedy for seeking redress regarding the custody of an adult. The Habeas Corpus Petition stands dismissed.