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The wife told the court that she had been living with her friend of her own will because her husband used to misbehave with her.
The Uttarakhand High Court recently rejected a habeas corpus plea filed by a man who alleged that his wife had been illegally detained by another man.
The high court noted that the man's wife had been living with the other man of her own will, therefore, no order could be passed in the habeas corpus plea.
Before the high court, the man's wife submitted that he used to misbehave with her, therefore, she had gone to live with her friend of her own will. She also told the court that she was no more willing to join the man back.
Therefore, while taking note of the woman's submissions, the division bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit disposed of the habeas corpus plea in terms of the statement made by her.
"Be that as it may, since ...(corpus) has categorically stated that she is living with respondent no.9 of her own free will, therefore, no further order can be passed," ordered the court.
The marriage between the couple was solemnized in the year 2012. The couple had two children- a son aged about ten years and a daughter aged about six years.
The husband moved the high court seeking presence of his wife before the court through a habeas corpus plea stating that in August 2022, his wife left Dehradun for Faridabad, where her parents reside, but had not returned since then.
He claimed that it was his apprehension that another man had detained his wife, therefore, he sought her presence before the court. However, the wife told the court otherwise.
Case Number: HABC No.18 of 2022
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