Orissa High Court
WPCRL/92/2026 of TUSARKANTA NAYAK Vs STATE OF ODISHA on 27 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(CRL) No.92 of 2026 Tusarkanta Nayak …. Petitioner Represented by Adv. Mr. A.N. Das, Advocate -Versus- State of Odisha and others …. Opp. Parties Represented by Adv. Ms. A . Dash, ASC CORAM: HON’ BLE THE CHIEF JUSTICE AND
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(CRL) No.92 of 2026
Tusarkanta Nayak
….
Petitioner
Represented by Adv.
Mr. A.N. Das, Advocate
-Versus-
State of Odisha and others
….
Opp. Parties
Represented by Adv.
Ms. A. Dash, ASC
CORAM:
HON’ BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
27.07.2026
01.
1. The instant Writ Petition in the nature of the habeas corpus is at the behest of the husband of a lady, who left the matrimonial house alleging that she had been kept in a wrongful confinement by her father. The pleading in the Petition has created an illusory cause of action obviously, by an intellectual legal luminal having an expertise in the legal filed, but the reality is far away from there. The words and expressions like an unlawful detention and/or detenue are used in the pleading, but the actual state of affairs discerned from the various documents as well as the instructions received by the learned Additional Standing Counsel tells us the different story that the instant fancy litigation is launched to settle the personal matrimonial scores. It is evident and apparent from the materials that there is a discord in the matrimonial relationship, which led the wife of the Petitioner to leave the home and take shelter with her father. Interestingly, the missing diary, as well as the FIR, is lodged and the Investigating Officer called upon the parties in the Police Station, including the Petitioner, who met with her wife there, but she blatantly refused to go with him. Although she wrote a letter expressing her desire to reside in a Swadhar Greh, evidently sensing the vagaries of daily life, the Petitioner nevertheless perceives her decision to remain with her parents as constituting illegal detention and wrongful confinement. The Petitioner is all along aware of the facts and that the wife does not intend to live with him, yet has instructed the Advocate to file the Writ in the nature of habeas corpus and precisely for such reason, we expressed our opinion in the opening sentence that the instant Writ Petition is an outcome of an illusory cause of action created with the clever legal craftsmanship. She is, admittedly, living with her parents voluntarily and therefore, the allegation of being put in wrongful confinement and/or illegal detention is completely ruled out. Such an errant litigant should not be allowed to steal the march by freely walking on the corridor of the Court, but must be dealt with sternly and we feel that it is a fit case, where we should impose a cost.
2. The Writ Petition is dismissed with cost of Rs.5,000/- (Rupees Five Thousand only) to be deposited with the State Legal Service Authorities, within a week from date. The cost shall be paid by the Petitioner himself and, in the event, such deposit is made to the authority as indicated hereinabove, the same shall be kept in an account earmarked for the welfare of juveniles.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
Bijay/Sarbani Digitally Signed Signed by: SARBANI DASH Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Jul-2026 15:24:36 Signature Not Verified