Habeas Corpus -- Wife Eloped with another Man -- Writ Does Not Lie Where Alleged Detenue Has Voluntarily Left Matrimonial Home Of Her Own Free Will
A habeas corpus petition does not lie to secure the return of a wife who has voluntarily left the matrimonial home and eloped with another person. The remedy of habeas corpus is unavailable where the alleged detenue exercises free will in leaving. However, where minor children are taken away in such circumstances, the court retains concern for their welfare and may direct production of the children before a Judicial Magistrate for recording of statements and ascertainment of their wellbeing.
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