09 Apr 2026 14:07 PM

Maintenance-- Recovery of Arrears--Wife Cannot Invoke Habeas Corpus Jurisdiction To Trace Absconding Husband In Maintenance Execution

A writ of habeas corpus lies only where a person is in illegal detention or custody. It cannot be used to trace or secure the presence of a person whose whereabouts are unknown. Where a husband evades warrants issued in maintenance execution proceedings, the remedy lies before the Family Court, which holds jurisdiction to initiate all coercive measures for compliance. Habeas corpus jurisdiction of the High Court cannot substitute the execution machinery of the Family Court. Habeas Corpus Lies Against Illegal Detention, Not Against Person Of Unknown Whereabouts Evading Maintenance

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