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Madras High CourtHCP/732/2018closed

Mrs.Nirmala, Aged 35 Years, v. The Inspector Of Police

2018-04-27Honourable Mrs Justice R. Hemalatha,Honourable Mr Justice M. Venugopal3 pages

In the High Court of Judicature at Madras Dated: 27.04.2018 Coram:

The Hon'ble Mr.Justice M.VENUGOPAL and The Hon'ble Mrs.Justice R.HEMALATHA H.C.P.No.732 of 2018 Nirmala ..

Petitioner Vs.

1.The Inspector of Police, All Women Police Station, 2.The Inspector of Police, H-3, Police Station, Maraimalai Nagar, 3.S.Kathiravan 4.Nirmala Devi ..

Respondents Prayer: This Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to direct the Respondents to produce the detenue Ashwant and Lathiashree, son and daughter aged about 9 and 7 years old, now detained under the custody of the Fourth Respondent and set the detenues at liberty forthwith. For Petitioner :Ms.P.Arasammal For Respondent :Mr.R.Ravichandran Nos.1 & 2 Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned counsel appearing for the Petitioner and the Learned Government Advocate (Crl. Side) appearing for the Respondents 1 & 2.

2.The Petitioner has preferred the instant Writ of Habeas Corpus Petition praying for passing of an order in directing the Respondents 1 & 2 to produce the detenues namely, Ashwant and Lathiashree, son and daughter aged about 9 and 7 years old

respectively, now detained under the custody of the Fourth Respondent and set them at liberty.

3.Today, the Petitioner's son and daughter namely, Ashwant and Lathiashree, aged about 9 and 7 years respectively are produced before this Court by the First Respondent/Inspector of Police All Women Police Station, The Third Respondent/Petitioner's Husband is also present before this Court.

4.The Third Respondent/Petitioner's husband has made an endorsement in the present Habeas Corpus Petition that he will withdraw the divorce petition namely, HMOP.No.40 of 2018 filed by him before the Principal District Court, Chengalpet within a week from today. He also expressed his desire to live along with the Petitioner (his wife). Also that the Petitioner (Wife of Kathiravan) has stated before this Court that she is giving consent to join her husband and to lead her matrimonial life with him. Further, she had also stated that she will go along with him today.

5.During the course of interaction made by this Court, the Third Respondent/Petitioner's husband informed that the children are studying in the Maharishi Vidhamandir at Echangaranai in III and I Standard respectively and that he had purchased books for them and paid the necessary fees. It appears that he is presently residing at his sister's house at Tiruvallur. He also stated that he will take his wife namely, the Petitioner to his house at Singaperumal Koil and live with her.

6.Recording the above, this Court closes the present Habeas Corpus Petition as nothing survives for further adjudication.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar DP

To 1.The Inspector of Police, All Women Police Station, 2.The Inspector of Police, H-3, Police Station, Maraimalai Nagar, 3.The Public Prosecutor, Madras High Court.

+1cc to M/s.D.Prasanna, Advocate Sr.No.32023 KAN(CO) sm:11.5.2018 H.C.P.No.732 of 2018