The Madras High Court has ruled that a habeas corpus petition cannot be applied when a spouse voluntarily leaves the matrimonial home. The court clarified that this holds true even if the person elopes with another individual by choice.
A bench comprising Justices N. Anand Venkatesh and P. Dhanabal heard the petition. It was filed by a man seeking the whereabouts of his wife and two young children. The children are aged 3.5 years and 2 years.
The petitioner stated that his wife and children had been missing since March 6, 2026. He also claimed that the local police had not taken effective action despite his complaint. This led him to approach the court for relief.
During the hearing, the State informed the court that the wife had left voluntarily with another man. She had also taken the children along with her. This submission played a key role in the court’s decision.
The court observed that since the woman left on her own, habeas corpus relief cannot be granted. It noted that personal choice must be respected in such situations. The petitioner was advised to seek other legal remedies.
However, the bench raised concerns about the welfare of the children. It directed the police to trace them and present them before the Judicial Magistrate in Alangulam. Further steps will depend on the Magistrate’s assessment.
The Magistrate has been instructed to record statements and evaluate the situation carefully. The court emphasised the importance of ensuring the children’s safety. The matter will proceed based on the findings presented before the court.
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