A writ of habeas corpus is not maintainable or a fit remedy where the alleged detenue is not in illegal confinement but has left their matrimonial home voluntarily.

[Order of the Court was made by D.BHARATHA CHAKRAVARTHY, J.]

The petitioner has filed this habeas corpus petition seeking a direction to the respondent Police to secure his wife, namely, Manimegalai, aged about 32 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner that he is toiling with two tender children and the respondent Police is not taking steps to trace out his wife.

3. In reply thereof, learned Additional Public Prosecutor appearing for the respondent Police would submit that upon receipt of a complaint from the petitioner, a “Woman Missing” case was registered. Earlier, the petitioner filed H.C.P.(MD) No.481 of 2026 and the same was dismissed as withdrawn as the detenue came back to the petitioner on 10.04.2026 and again she has gone away with the same person.

4. In view thereof, it can be seen that the wife of the petitioner is not under any illegal custody. Rather, on her own volition, the detenue is having extramarital affair and has gone away with the second respondent.

Therefore, this is not a fit case where the habeas corpus petition can be entertained.

5. Accordingly, granting liberty to the petitioner with reference to his matrimonial reliefs, this habeas corpus petition stands closed.