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Madras High CourtHCP/1903/2017closed

S.Bhargavi Janani v. The Inspector Of Police

2017-11-14Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.11.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1903 of 2017 S. Bhargavi Janani ... Petitioner Vs.

1.The Inspector of Police, All Women Police Station, Villivakkam, Chennai 600 049

2. The Inspector of Police, Law and Order, Walajahpettai, Vellore - 632 513

3. Manibharathi

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the first and second repsondents to secure the petitioner's minor daughter " Samyuktha" 2 years old, from the illegal custody of the third respondent and set her liberty and to hand over the custody of minor child to the petitioner.

For Petitioner : Ms. Deepika For Respondents : Mr.V.M.R.Rajentran, Addl. Public Prosecutor.

* * * * *

O R D E R

(Order of the Court was made by RAJIV SHAKDHER,J .,)

1. Both the petitioner and the third respondent are present in Court. The petitioner is the wife of the third respondent. The detenue/Baby Samyuktha is the child of the petitioner and the 3rd respondent. This petition is filed to secure the minor child/Baby Samyuktha. 2.

On the previous date i.e., 24.10.2017, we had interacted with the petitioner as well as the 3rd and 4th respondent. The 3rd respondent had indicated that he will secure a separate house, where he could live along with the petitioner and the child.

3.

It appears that they are not able to resolve their differences. Presently, the detenue/Baby Samyuktha is in the custody of the petitioner. The 3rd respondent says that he has no objection to the detenue/Baby Samyuktha, remaining in the custody of the petitioner.

4. In these circumstances, no further order is called for in the present petition. The petition, is accordingly closed. 5.

Needless to say that the petitioner and the 3rd respondent will be free to take recourse to an appropriate remedy, if they wish to agitate their legal rights any further.

(R.S.A., J.) (N.S.K., J.) 14.11.2017 Index : yes/no to 1.The Inspector of Police, All Women Police Station, Villivakkam, Chennai 600 049

2. The Inspector of Police, Law and Order, Walajahpettai, Vellore - 632 513

3. The Public Prosecutor, High Court, Madras

RAJIV SHAKDHER, J.

and N.SATHISH KUMAR, J.

sr HCP No.1903 of 2017 14-11-2017