Missing Wife: Madras HC Dismisses Husband’s Habeas Plea, Citing No Proof Of Illegal Detention And His Failure To File A Fresh Police Complaint

The petitioner sought a writ of habeas corpus concerning his wife, Nithya, who had allegedly gone missing on 5 May 2026.

He also complained that relatives had not returned money and jewellery allegedly entrusted to them by his wife.

In earlier proceedings, the Court had directed him to submit a fresh complaint to the second respondent, who was to inquire into it in accordance with law, invoking Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner acknowledged that he had not subsequently sent such a complaint.

Article 226 of the Constitution was invoked for habeas corpus relief. The Court’s reasoning proceeded on the requirement that such relief be supported by material indicating illegal detention or unlawful confinement; an allegation of disappearance, without such material, was insufficient on the facts of this case.

The Court also relied on its earlier order directing the petitioner to lodge a fresh complaint with the second respondent, who was to inquire and proceed in accordance with law, invoking Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner had not complied with the earlier direction to submit a fresh complaint, despite acknowledging that he had not sent one by post or by another mode.

The Court held that he could not bypass the remedy identified in those proceedings and seek habeas corpus without placing the necessary foundational facts before the Court.

Further, the materials did not establish that his wife was illegally detained or unlawfully confined; the grievance principally concerned her disappearance, the alleged non-return of money and jewellery, and police inaction.

The petition was therefore not maintainable in its present form.

It imposed costs of Rs. 10,000, payable to the Siddha Wing attached to the Madurai Bench by 6 November 2026, and directed the matter to be listed for reporting compliance on 11 November 2026.