← Library
Madras High CourtHCP/551/2020disposed of

R.Basker v. The Commissioner Of Police

2020-10-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 551 of 2020 R.Basker ... Petitioner -vs1.The Commissioner of Police Vepery, Chennai 600 007 2.The Inspector of Police, H-3, Police Station, Old Washermenpet, Chennai - 600 021.

3.Nargesh Banu ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the second respondent herein to produce the petitioner Wife Syed Nisha, aged about 25 years, and the petitioner's son Dhashwanth, S/o.R.Baskar, aged about 1 1⁄2 years, before this Court from the custody of the third respondent and set them at liberty within a stipulated period of time.

For Petitioner ..

Mr.S.Vijay For Respondents ..

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 and R2 Mr.B.Balamurugan for R3

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner herein is the husband of the detenue. The third respondent is the mother-in-law of the detenue. Alleging that the detenue, who is the wife and the minor child, born out of the wedlock, named, Dhaswanth, are in illegal custody of the

third respondent, the present habeas corpus petition has been filed.

2. During the last hearing - 13.10.2020, both the petitioner and the detenue were present. While, the petitioner expressed his desire to live with the detenue, the detenue is not willing. The problem has been compounded by the fact that the petitioner and the detenue belong to different faiths. Under those circumstances, we adjourned the matter so as to enable the petitioner to take a decision as to whether he is inclined to grant divorce in which case further orders could be passed by consent.

3. Today, once again, the petitioner and the detenue are present. The petitioner has agreed for divorce as sought for by the detenue. In turn, the detenue has agreed to give access to the petitioner the minor child born out of the wedlock during 10.00 a.m. to 1.00 p.m. of first and last Saturday of every Month. The petitioner has further agreed to meet out the school fees of the minor child.

4. On the request of the petitioner that the child may be permitted to be shown to his parents during the Deepavali, the detenue has accordingly agreed though she has stated that she does not want to part with the child for the entire day. In such view of the matter, the petitioner can have the custody of the child from 10.00 a.m. to 1.00 p.m. on the Deepavali day. The child can be handed over to the petitioner either by the detenue or her mother or their representative. In the event of the child being uncomfortable, though we do not find the said situation prevails as of now, by seeing the interaction between the petitioner and the child, it is well open to the detenue or her mother to be present in the nearby vicinity to create a comfort zone for the child.

5. We record the fact that the detenue, namely the wife and the son of the petitioner have been secured by the second respondent.

6. In view of the aforesaid order, the petitioner shall not make any visit to the place of the residence of the detenue unless as aforesaid. The three hours visitation/custody as aforesaid, is in a common place in the area in which the detenue is living. The detenue is also expected to inform about the place of residence and the school in which the minor child is likely to get admitted. However, as agreed by the petitioner, the school fees is to be paid by the petitioner directly to the School in which the child is expected to be admitted. We, further, permit the petitioner to be with the minor child today (28.10.2020) in the presence of the detenue, namely his wife.

7. The habeas corpus petition stands disposed of accordingly. The parties are at liberty to file a petition for divorce, if so advised.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police, Vepery, Chennai 600 007 2.The Inspector of Police, H-3, Police Station, Old Washermenpet, Chennai - 600 021.

3. The Public Prosecutor, High Court, Madras.

H.C.P. No. 551 of 2020 rp[co] srg 02/12/2020