Prayagraj: The Allahabad high court has observed that a habeas corpus petition cannot be used as a tool to secure the presence of a husband who is allegedly evading warrants in a maintenance case.While dismissing the petition filed by a woman- Sangita Yadav– a division bench comprising Justice Siddharth and Justice Vinai Kumar Dwivedi said it is for the family court concerned to initiate coercive measures to secure the presence of the husband.The court dismissed a habeas plea moved by an estranged wife seeking direction to trace, arrest and produce her husband.A family court in Azamgarh, in Jan 2021, directed the husband to pay maintenance to his wife and daughter. However, the husband did not pay the maintenance and his whereabouts were not known.In her petition, the wife prayed for a writ of habeas corpus directing the respondent – state authorities to produce her husband before the high court or the principal judge of the family court in Azamgarh.She further prayed that upon production, his custody be handed over to the family court to proceed with recovering the maintenance arrears.The court, in order dated March 25, said merely because the husband is evading a warrant issued by the family court, a direction in the nature of habeas corpus cannot be issued and dismissed the petition.
