Madras HC Holds That Habeas Corpus Petition Cannot Be Used to Compel Wife to Return to Matrimonial Home [Read Order]

Chennai: The Madurai Bench of the Madras High Court has disposed of a Habeas Corpus Petition filed by a husband seeking the production of his missing wife and two minor children, observing that where a wife voluntarily chooses to leave the matrimonial home, the remedy of habeas corpus is not available to compel her return, and that the petitioner must seek his remedy before the appropriate court.

However, the Court expressed concern about the welfare of the two minor children and directed the police to trace them and produce them before the Judicial Magistrate.

A Division Bench of Justice N. Anand Venkatesh and Justice P. Dhanabal passed the order on 17th March 2026 in a petition filed by one S. Murugan, the husband and father of the missing persons.

The petitioner, S. Murugan, is married to Bhavani, aged about 23 years. Out of the marriage, two children were born, namely Kanish, aged about three and a half years, and Bavishna, aged about two years. According to the petitioner, from 6th March 2026 onwards, his wife went missing along with the two minor children. Despite his best efforts, he was unable to trace their whereabouts.

The petitioner lodged a complaint with the Inspector of Police, Uthumalai Police Station, Tenkasi District, on the basis of which a ‘Woman Missing FIR’ was registered in Crime No. 58 of 2026 on 7th March 2026. The petitioner’s grievance was that the police were not taking effective steps to trace his wife and children and that there was grave danger to them at the hands of the third respondent, one Raja. It was under these circumstances that the present Habeas Corpus Petition was filed before the Madurai Bench under Article 226 of the Constitution of India.

The Additional Public Prosecutor, appearing on behalf of the State, submitted on instructions that the detenue appeared to have developed a relationship with the third respondent and had voluntarily gone along with him, taking the children with her.

Counsel for the petitioner submitted that the petitioner was primarily concerned about the welfare and interests of the two minor children, who are of a very young age, and urged that the second respondent be directed to produce the detenue as well as the children before the Court.

The Court observed that, insofar as the wife was concerned, she appeared to have developed a relationship with the third respondent, and if she had voluntarily chosen to go with him, there was nothing that could be done by way of a Habeas Corpus Petition. The Court noted that the petitioner would have to work out his remedies against his wife before the appropriate court of law.

However, the Court made it clear that it was more concerned about the welfare of the two young children who had been taken away. Accordingly, the Court directed the Inspector of Police, Uthumalai Police Station, to find the whereabouts of the detenue and the two children and produce them before the Judicial Magistrate, Alangulam, as expeditiously as possible.

The Court further directed that, on the date of production, the petitioner shall be put on notice. The Judicial Magistrate was directed to record the statement of the detenue. With respect to the two children, the Court directed the Judicial Magistrate to interact with them, ascertain their position, and proceed to take necessary decisions in accordance with law. A report was also directed to be submitted to the High Court.

The Habeas Corpus Petition was disposed of in the above terms.

Appearances:
For the Petitioner: Mr. V.M. Jegadeesha Pandia, Advocate
For the Respondents: Mr. A. Thiruvadi Kumar, Additional Public Prosecutor

Case Title: S. Murugan v. The Superintendent of Police, Tenkasi District and Ors.

[Read Order]