Allahabad HC: Writ of Habeas Corpus is a Festinum Remedium and Power Would be Exercisable Only in a Clear Case

While dealing with a plea moved by the husband stating that his wife was under detention and asking for a writ of Habeas Corpus for her release, the Allahabad High Court held that issuance of a writ of Habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out.  

Justice Yogendra Kumar Srivastava also noted that this writ is festinum remedium and "issuance of a writ of habeas corpus at the behest of a husband to regain his wife" is not entertainable when other remedies are available. 

"In view of the other remedies available for the purpose under criminal and civil law, issuance of a writ of habeas corpus at the behest of a husband to regain his wife may not be available as a matter of course and the power in this regard may be exercised only when a clear case is made out," HC  observed. 

The Government Advocate submitted before the court that the petitioner had left her matrimonial home on her will because of discord with her husband, based on a reason that her husband has entered into another marriage and a child was also born out of that marriage. 

Further, relying upon the  Mohammad Ikram Hussain v State of UP and Kanu Sanyal v District Magistrate Darjeeling case, the Court held that the writ of Habeas Corpus is a prerogative writ and an extraordinary remedy. 

Rejecting the petitioner's connotation, the Court noted that the writ of Habeas Corpus has been held as a festinum remedium and "the power would be exercisable only in a clear case. 

“It is a writ of right and not a writ of course and may be granted only on the reasonable ground or probable cause being shown,” the order stated.