Habeas Corpus, the strongest protection against illegal detention, cannot be put down by abuse in marginal custody cases, Telangana HC

The Supreme Court of Telangana has repeated that the appeal of Habas Corpus is an extraordinary means that is protected for disappearance or illegal detention. This should not be used as a weapon to get marriage or to gain a custody dispute.

“A Habeas Corpus can only be issued if there is an imprisonment or imprisonment without a legal authority, ie if the person is illegally detained. With the expansion of the scope of Habeas Corpus, the letter is often used against a spouse who has been illegally from his Parents or in cases of custody for a child.

The division bank of Justice Moushumi Bhattcharya and Justice Madhusudan Rao Bobbili Ramaiah continued to find that the court should come to the conclusion before explaining Habeas Corpus's jurisdiction that the arrest is illegal.

When it comes to looking for the presence of an adult individual, the court should instruct the injured person to approach the corresponding forum instead of referring to extraordinary responsibility.

“It is important to grant a word of caution in relation to the cases in which missing men and women are to be produced by this mechanism before the court. The more appropriate procedure in such cases would be to register a” missing person “.” Case in the jurisdiction police or adequate procedures for the pursuit of the missing person in the manner intended according to the criminal process code in 1973. “

The command was issued in a written petition, which was submitted by the details of the detail with a prayer to guide the police officers concerned to produce them in court. The petent claimed that his wife's life was in danger and that he was concerned about her well -being.

The government procurement, on the other hand, claimed that the police officers had spoken to the details that they had told them that they left their husband's society on their own because the petent would physically abuse them.

After hearing both sides, the bank rejected the petition with the observation that the Habas Corpus had confident and transcendent authority. That the courts should be prudent when a petent tries to appoint this extraordinary appeal in affairs in which either the disappearance is voluntary or where the detention fulfills the proper procedure.

So the letter was released.

Petent's lawyer: Kr Vijay

Lawyer for respondents: Special government Pleader, Swaroop Oorilla

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