The Madhya Pradesh High Court, Indore Bench recently held that it cannot issue a writ of Habeas Corpus against an individual residing outside the territory of India. This was seen in the case of PREETI KAUSHALAY versus THE UNION OF INDIA AND ORS [WRIT PETITION No. 2520 of 2022] and the case was presided over by HON’BLE SHRI JUSTICE VIVEK RUSIA and HON’BLE SHRI JUSTICE AMAR NATH (KESHARWANI).
Facts of the case
The petitioner who earlier was residing with her husband and daughter in the Netherlands.
Being subjected to harassment and cruelty by her husband, the petitioner filed a complaint against him before the authorities in Netherlands following which the Netherlands police directed the husband to stay away from the Petitioner and the child.
Due to lack of any source of income the petitioner moved back to India. However, under local Rules and Laws she was not permitted to travel back with her child without the consent of the respondent/husband.
In order to secure the custody of her minor child, the Petitioner moved the Court by filing a writ of Habeas Corpus.
Judgement
The court dismissed the petition stating that the petition was outside the jurisdiction under Article 226 to issue a writ of Habeas Corpus since the respondent is residing in a foreign land.
The court also observed that since the respondent is also the biological father of the child, therefore, the custody cannot be said to be illegal for issuance of writ in the nature of Habeas Corpus [reference of case Adarsh Kumar. State of Kerala 2017 SCC Online Ker 8505 was made which had similar facts and circumstance]
Further, the court rejected the petitioner’s request to implead the parents, they are not the necessary part of the petition as corpus is not in their custody.
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JUDGEMENT REVIEWED BY VYSHNAVI KRISHNAN.
