Dharmendhiran @Dass v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN H.C.P.No.250 of 2020 Dharmendhiran @ Dass S/o.Natarajan ...

Petitioner/Husband of defendant versus 1.State Represented by Superintendent of Police, Office of Superintendent of Police, Thiruvallur.

2.Inspector of Police, Paathivedu Police Station, Thiruvallur District.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's wife, namely, Uma Maheswari, aged about 30 years, before this Court and set her at liberty.

For Petitioner : Mr.V.Gopi For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor * * * * *

O R D E R

[Order of this Court was made by R.SUBBIAH,J.] This Habeas Corpus Petition is filed by the petitionerhusband praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body of his wife Uma Maheswari, aged about 30 years, before this Court and set her at liberty.

2. When the matter was taken up for hearing on 20.02.2020, the petitioner and his wife Uma Maheswari as also their three children appeared before this Court. On enquiry, we

found that it was a matrimonial dispute and hence, we directed the Office to post the case before the Tamil Nadu Mediation and conciliation Centre, attached to this Court. Accordingly, the parties appeared before the Mediation Centre.

3. Today when this Habeas Corpus Petition is again taken up for hearing, it is represented by the learned counsel for the petitioner that the matter was settled between the parties before the Mediation Centre. We have also perused the Mediation Report and the Mediation Session Note. The Mediation Session Note reads as follows:- " MEDIATION SESSION NOTE The petitioner and detenue discussed the issues and reached out the following compromise and settlement.

1. Dharmendhiran @ Dass undertakes to abide by the terms proposed by his wife Uma Maheswari.

I. She will be provided a proper house for residential purpose in a good locality. She likes to live with their 3 children.

a) DU Mercy Dharmendhiran aged 9 years b) DU Parker Dharmendhiran aged 7 years c) DU Rithika Dharmendhiran aged 6 years II. The petitioner will regularly pay the monthly Rs.15,000/- for family food, clothes and maintenance. III. The detenue wife will take care of welfare of 3 children, education with the assistance of her husband. IV. The husband Dharmendhiran @ Dass will not in any way commit any kinds of abuses - verbal and physical against the detenue and children in any way hereafter. V. The protection officer concerned in the area of her residence will give adequate protection to the family of the detenue, whenever is needed.

VI. The detenue is prepared to look after the family as a house wife, leaving the employment."

4. In view of the same, nothing survives for further adjudication in this Habeas Corpus Petition. Further, there is no illegal detention of the detenue. Hence, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sri

To 1.The Superintendent of Police, Office of Superintendent of Police, Thiruvallur.

2.The Inspector of Police, Paathivedu Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.250 of 2020 sr(CO) jrs(29/05/2020)