A division bench of the Madhya Pradesh High Court, comprising Justice G.S. Ahluwalia and Justice Deepak Khit, disposed of a habeas corpus petition filed by Sapna Shivhare. The petitioner suspected that her husband was being held hostage by a liquor trader named Harish Shivhare.
Court Orders Production of Husband
The court directed the Gwalior police to produce the husband before the bench. When the husband appeared, he informed the judges that he had voluntarily left his job with the liquor contractor. He stated that he left his clothes and mobile phone at the shop and shifted to village Karauli, where he began working as a whitewasher. He further said that he did not inform his wife about the change in employment but expressed his desire to live with her.
Court's Observations
The bench observed that verifying the truth of the husband's story was not the subject matter of the habeas corpus petition. Since the husband had voluntarily shifted to another location and taken up a whitewashing job, he was not being held hostage. As he expressed his willingness to live with his wife, the court found nothing to adjudicate and disposed of the petition accordingly.
The court's decision underscores the principle that habeas corpus petitions are meant to address illegal detention, not disputes over voluntary choices or marital disagreements. The husband's statement clarified that he was not under any unlawful restraint, leading to the disposal of the case.
