Allahabad High Court Says Habeas Corpus Is Not For Tracing a Husband in a Maintenance Case

Overview

• The bench of Justices Siddharth and Vinai Kumar Dwivedi dismissed Sangita Yadav’s plea to trace, arrest, and produce her estranged husband who has avoided warrants in a maintenance case.
• The court said the Family Court must use its own coercive tools to secure compliance, such as execution warrants, arrest in execution, or contempt proceedings.
• The case stems from a 2021 Azamgarh Family Court order directing maintenance for the wife and daughter, with arrears reported at Rs 3,44,000 and the husband’s whereabouts unknown.
• The petitioner also sought a police inquiry, Rs 5 lakh in compensation, and criminal contempt against officials, but the High Court focused on the narrow scope of habeas relief.
• The bench distinguished a 2019 Madras High Court ruling that ordered production where a person was held by a relative, explaining that habeas corpus is a remedy for illegal custody rather than for debt or maintenance enforcement.