Woman Leaves Man Due To Marital Issues, He Moves Court. Judges Say 'Wife Not a Commodity'

Last Updated:July 16, 2025, 14:11 IST

The Orissa High Court noted that the woman left him out of her own volition due to some marital disputes

After leaving her husband, the woman and her child were living with her brother. (Credit-pexels)

A man moved the Orissa High Court to secure the custody of her wife, who, along with their child, left his house over marital issues. Instead of relief, the man got to listen to harsh words from the court, which also imposed Rs 25,000 cost on him for filing the frivolous habeas corpus plea. 

The Orissa High Court noted that the woman left him out of her own volition due to some marital disputes. The Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman observed that the husband cannot compel the wife to act as per his dictum nor can he treat the “wife as his commodity," Live Law reported. 

“The fundamental right which is conferred upon every individual irrespective of the gender cannot be treated as one way traffic by a particular gender. The wife has a right to take an independent decision of her life and if she has chosen to dissociate her company from the husband, the husband cannot be permitted to abuse or misuse the power of the Court in issuing the writ of habeas corpus," the bench stated in its order.

After leaving her husband, the woman and her child were living with her brother. However, the man alleged that she was held in wrongful detention by his brother-in-law. He also filed a complaint with the police about this allegation. 

After the petition was filed, police contacted the petitioner’s wife to understand the reasons behind the habeas corpus plea. She cited marital discord as the reason for leaving. Once this was conveyed to the court, the bench strongly criticised the petitioner for misusing legal provisions to settle personal disputes and for treating his wife like a “commodity".

“The application is frivolous and misconceived, and warrants not just dismissal but also the imposition of heavy costs," the court observed.

Saurabh Verma

Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter --twitter.com/saurabhkverma19

Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter --twitter.com/saurabhkverma19

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Bhubaneswar, India, India

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