Court Declines Intervention in Custody Dispute Involving Married Woman, Citing Lack of Maintainability
In a significant ruling, the Himachal Pradesh High Court has dismissed a habeas corpus petition filed by an individual seeking custody of a married woman, who is living with her husband. The petitioner claimed a live-in relationship with the woman, supported by an alleged agreement, and expressed concerns for her safety. However, the court ruled that judicial sanctity cannot be provided to an adulterous relationship.
The case, Soyab v. State of H.P., brought before a division bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi, involved the petitioner, Soyab, who asserted that the woman, Smt. Heena, was threatened by her husband and mother-in-law. Despite receiving messages from her indicating distress, the court found the petition to lack maintainability as the detenue is married and residing with her husband, Mohd. Samim, with whom she also shares a child.
The petitioner attempted to rely on a Supreme Court judgment in Devu G. Nair v. State of Kerala, which addressed issues of illegal detention among intimate partners and LGBTQ community members. However, the bench distinguished this precedent as inapplicable, given that the detenue in the current case is married and cohabiting with her spouse, unlike the context of the cited Supreme Court case.
In its order dated May 14, 2026, the court emphasized the non-intervention policy in matrimonial disputes, especially where allegations of an adulterous relationship are evident. The bench underscored that such relationships do not warrant judicial recognition or intervention, leading to the dismissal of the petition and any associated applications.
Bottom line:-
Habeas corpus petition seeking custody of a married woman living with her husband is not maintainable, especially when the petitioner claims an adulterous relationship with the detenue.
Statutory provision(s): Article 226 of the Constitution of India
Soyab v. State of H.P., (Himachal Pradesh)(DB) : Law Finder Doc id # 2902744
