MADURAI: The Madurai Bench of the Madras High Court recently observed that no remedy under a habeas corpus petition shall be availed for the disappearance of a wife who actually eloped with another man.
The petitioner, S Murugan, residing in Tenkasi district, approached the Court seeking issuance of a writ of habeas corpus to direct the police authorities to produce his wife Bhavani (23), along with their two children aged 3½ and 2 years, and to set them at liberty.
He contended that his wife had gone missing with the children on March 6, 2026, and alleged inaction on the part of the police despite a complaint and registration of a woman missing case.
The Bench comprising Justices N Anand Venkatesh and P Dhanabal observed that the woman appeared to have voluntarily left with a third person due to a personal relationship, and therefore, no coercive direction could be issued to secure her custody through a habeas corpus petition.
However, the Court expressed serious concern over the welfare of the two minor children, noting that their interests required immediate attention. It directed the police to trace the woman and children and produce them before the Judicial Magistrate, Alangulam, at the earliest.
The Magistrate was instructed to record the woman's statement and interact with the children to ascertain their welfare before taking appropriate action in accordance with the law.