4 min readNew DelhiMar 19, 2026 04:20 PM ISTMadras High Court directed the police to find whereabouts of the wife and children. (Image generated using AI)The Madras High Court recently observed that habeas corpus petition cannot be a remedy if a woman goes away with another man.A bench of Justices N Anand Venkatesh and P Dhanabal made the observation while dealing with a man’s habeas corpus petition to produce his wife and two children who had gone missing. A bench of Justices N Anand Venkatesh and P Dhanabal made the observation while dealing with a man’s habeas corpus petition to produce his wife and two children.“She seems to have developed a relationship with the third respondent. Therefore, if she chooses to go along with the third respondent, there is nothing much that can be done in a habeas corpus petition,” the order dated March 17 read.‘Developed relationship’Insofar as the detenue, who is the wife of the petitioner is concerned, she seems to have developed a relationship with the third respondent.Therefore, if she chooses to go along with the third respondent, there is nothing much that can be done in a habeas corpus petition and the petitioner has to necessarily work out his remedy against his wife before the concerned court.However, the court is more concerned about the two children, who have been taken away by the detenue.There shall be a direction to the second respondent to find the whereabouts of the detenue and two children and they shall be produced before the Judicial Magistrate, Alangulam as expeditiously as possible.On the date of production of the detenue and the two children, the petitioner shall be put on notice.The judicial magistrate shall record the statement of the detenue.Insofar as two children are concerned, the judicial magistrate shall talk with them and ascertain from them and proceed further to take necessary decisions in accordance with law.A report shall also be sent to court in this regard.Also Read | ‘Man worships invisible God, destroys visible nature’: Madras High Court junks ecologically sensitive land allotment orderWhat was the case?The case of the petitioner was that after his marriage, two children were born, who are now aged about 3 and a half years and 2 years respectively.It was submitted before the court that all of a sudden, from March 6, 2026 onwards, his wife went missing along with the two children.In spite of best efforts, the petitioner was not able to trace the whereabouts of his wife and the two children.After the husband filed a complaint, an FIR was registered ‘Woman missing FIR’.The husband approached the high court with the grievance that the police were not taking effective steps to find the whereabouts of his wife and that there was a grave danger to his wife and two children.The additional public prosecutor, on instructions, submitted that the wife had developed an illicit relationship with someone and she had gone along with him. While being so, she also took away the children.The counsel appearing for the petitioner submitted that the husband was more concerned about the interest of the two children, and sought directions to the police to produce the wife as well as his two children.Gujarat High Court rulingEarlier this year, the Gujarat High Court dismissed a habeas corpus writ filed by a man, contending that his daughter was being held in illegal confinement by a man, while observing that a woman who had turned 18 had “attained the age to choose a person of her choice as a life partner”.Dismissing the father’s petition, the court said, “…it is true that (the corpus) is more than 18 years of age and it is obvious that she has attained the age to choose a person of her choice as a life partner and live a married life. Hence, the writ petition cannot be entertained and the same is dismissed.”Habeas corpus pleaA habeas corpus petition (“you must have body”) is a fundamental legal action or writ ordering a detaining authority to bring a person before a judge to determine if their detention is lawful, aiming to prevent illegal confinement. It serves as a vital safeguard for individual liberty against arbitrary, unconstitutional, or unlawful arrest.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. 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