David and Rita had been living in separate houses from the moment they decided that both had higher priorities than keeping their marriage alive. Both were successful in their respective fields – Rita a highly placed surgeon, and David the regional manager of a multi national company. Unfortunately both had forgotten that they had a 7 year old son to take care of, and he became the victim in their latest tug of war. It all began when Rita decided it was best for her son to grow in the loving care of her parents, far from the “poisonous” atmosphere surrounding his father, as she put it. When David came to know about this, he had to file a writ of Habeas Corpus in court, to ask his wife to produce their son.
Writ of Habeas Corpus definition
The above example will go a long way in helping you understand the definition of the term ‘writ of Habeas Corpus’. There are plenty of writ of Habeas Corpus definitions available, but most are likely to lead you to further confusions.
The writ is directed by a judge at a person or persons, who is prima facie at fault for detaining another person, demanding the presence of the detained person at a specified time to a specified place for a specified purpose. Although, this writ is mainly seen as a method to release a person who has been kept captive unlawfully, it can be also used in cases such as the one involving David and Rita mentioned above. In their case, Rita’s actions were not certainly against the law, as keeping a child at his grandparents is not at all against the law. But, as his father, David can file the Habeas Corpus writ, demanding him to be presented.
Origins of the Habeas Corpus
The origins of writ of Habeas Corpus definition are rather vague, but there is evidence of it being used as early as in 14th century England. It was formalized as an act in 1679, when the Habeas Corpus Act was formed. It was later brought to America by the British Colonialists, and has been used here since.
The writ of Habeas Corpus is one of the strongest tools that can be used against unlawful captivity. These are the types of laws that uphold the personal liberty of any individual.Google+