WIFE files habeas-corpus petition to force HUSBAND to live with her. Will the petition prosper?

May a wife secure a writ of habeas corpus to compel her husband to live with her in conjugal bliss? The answer is no. Marital rights including coverture and living in conjugal dwelling may not be enforced by the extra-ordinary writ of habeas corpus.

A writ of habeas corpus extends to all cases of illegal confinement or detention, or by which the rightful custody of a person is withheld from the one entitled thereto.

"Habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf."
It is a high prerogative, common-law writ, of ancient origin, the great object of which is the liberation of those who may be imprisoned without sufficient cause. It is issued when one is deprived of liberty or is wrongfully prevented from exercising legal custody over another person.

Marital rights including co-venture and living in conjugal dwelling may not be enforced by the extraordinary writ of habeas corpus. (Ilusorio vs. Bildner, et.al., G.R. No. 139808, May 12, 2000)