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Madras High CourtHCP/1019/2019closed

C.Yazhini v. The Commissioner Of Police

2019-06-19Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19..06..2019

CORAM

The Honourable Mr Justice M.M.SUNDRESH and The Honourable Mr Justice M. NIRMAL KUMAR Habeas Corpus Petition No.1019 of 2019 C.Yazhini ... Petitioner -Versus1.The Commissioner of Police, Chennai.

2.The Inspector of Police, J-7, Velachery Police Station, Chennai District.

3.K.Vijay Rajesh Kumar ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's twin daughters namely Arumantha and Prithyanka, aged about 5 years before this court and set them at liberty or produce their body. For Petitioner : M/s.Kamachi.D For Respondents : Mr.Iyyapparaj, APP for R1 and R2 Mr.M.A.Gouthaman for R3

ORDER

[Order of the court was made by Justice M.M.SUNDRESH] The mother of the detenues namely, (1) Arumantha and

(2) Prithyanka has filed this petition seeking production of detenues before this court.

2. Pursuant to the orders passed by this court on 17.06.2019, the dispute has been resolved between the parties amicably before the Mediation Centre.

3. The learned counsel for the 3rd respondent has submitted that there is a hitch in respect of one of the clauses though https://hcservices.ecourts.gov.in/hcservices/

agreed upon with regard to taking his children abroad which requires consent from the petitioner.

4. We do not propose to say anything on this. If the parties are of the view that the agreed terms would require modification, the remedy lies elsewhere. Suffice it to state that there is no illegal detention of children involved and, at least, insofar as the petitioner is concerned, she has agreed to let the custody of the children with the 3rd respondent. This Habeas Corpus Petition is closed accordingly with the above observations.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar kmk To 1.The Commissioner of Police, Chennai.

2.The Inspector of Police,J-7,Velachery Police Station,Chennai District.

+1 cc to Mr.Ma.Gouthaman, Advocate, Sr.No. 49929 +1 cc to M/s.D.Kamachi, Advocate, Sr.No. 50955 H.C.P.No.1019 of 2019 CSL/04.07.2019 https://hcservices.ecourts.gov.in/hcservices/