Mrs.R.Sudha @ Pachaiyammal v. The Inspector Of Police

In the High Court of Judicature at Madras Dated: 19.11.2015 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.1984 of 2014 Mrs.R.Sudha @ Pachaiyammal .... Petitioner Vs.

1. Inspector of Police, R-10, Police Station, MGR Nagar, Chennai - 600 078.

2. C.Valarmathi

3. C.Muthupandi .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the first respondent Inspector of Police, R-10 Police Station, MGR Nagar, Chennai - 600 078 to produce Minor M.Danivel, 3 years and to set the minor at liberty.

For Petitioner : Mr.M.Vivekanandan For Respondents : Mr.A.N.Thambidurai, Addl. Public Prosecutor - R1 ----------

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the mother of the detenu for a direction to the respondents to produce the detenu Minor M.Danivel before this Court and set him at liberty.

2. On 12.08.2014, this Court has passed the following order:

"This petition has been filed by the mother to produce her minor son, said to be in the legal custody of the third respondent.

The third https://hcservices.ecourts.gov.in/hcservices/

respondent is present before this Court along with the minor son and he is represented by the learned counsel.

2.Admittedly, the petitioner and the third respondent are husband and wife. But due to some misunderstanding, they are living separately. The child was born on 23.09.2010. Admittedly, the child has been in the custody of the third respondent from the month of May 2014. Since, the child has been with the father/the third respondent for more than four months, we are inclined to refer the matter to the Mediation and Conciliation Centre attached to this Court. The Mediation Centre shall mediate the matter between the parties and pass appropriate orders. The parties who are present before this Court are directed to present before the Mediation and Conciliation Centre attached to this Court today (12.08.2014) at 3.00 pm. The learned counsel for both parties shall assist the parties in the Mediation Centre.

Post the matter before this Court after receipt of Mediation Report from the Mediation Centre."

3. From the above order, it appears that this is a case of matrimonial discord and there is no illegal detention. Accordingly, this Habeas Corpus Petition stands closed. sl Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, R-10, Police Station, MGR Nagar, Chennai - 600 078.

2. The Public Prosecutor, High Court, Madras. H.C.P.No.1984 of 2014 MP/CO KR/9/12 https://hcservices.ecourts.gov.in/hcservices/