In a significant ruling, the Orissa High Court strongly reprimanded a husband for filing a frivolous habeas corpus petition to reclaim custody of his wife and child. The Court dismissed the plea with a cost of ₹25,000, highlighting the misuse of legal processes in personal disputes.
The Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman delivered a scathing order, stating:
“The husband cannot compel the wife to act as per his dictum nor can he treat the wife as his commodity. The fundamental right conferred upon every individual, irrespective of gender, cannot be treated as one-way traffic. The wife has the right to take independent decisions about her life.”
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The petitioner had alleged that his wife and child were wrongfully detained by her brother (Opposite Party No. 4). However, the Court found no evidence of unlawful detention. Instead, it noted that the wife had voluntarily left the matrimonial home due to marital discord.
The petitioner annexed a complaint dated April 30, 2025 (Annexure-4), claiming the police refused to accept it. The Bench, however, doubted its authenticity, observing:
“The meaningful reading of the petition does not instill confidence that the petitioner is truthful. The Court cannot permit such litigants to abuse habeas corpus proceedings or bypass statutory provisions.”
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The Court suspected the complaint was fabricated solely for the petition, as the petitioner failed to prove efforts to file it with the police.
Upon receiving the petition, the police contacted the wife, who confirmed she was living with her parents due to marital issues. The Bench condemned the petitioner’s attempt to use the writ remedy for personal vendetta, stating:
“The application is misconceived and contains frivolous allegations. It warrants dismissal with stringent costs to deter such misuse.”
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The Court imposed a cost of ₹25,000, payable to the Odisha State Legal Services Authority (OSLSA) within two weeks. The funds will support street children’s welfare. Failure to pay may lead to legal recovery.
Case Details:
Title: VKB v. State of Odisha & Ors.
Case No: WPCRL No. 64 of 2025
Order Date: July 10, 2025
Petitioner’s Counsel: Mr. Manish Nag Das (Proxy for Mr. Ramesh Agarwal)
State’s Counsel: Mr. Debasish Tripathy, AGA