A.Susmitha v. The Home Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1991 of 2020 A.Susmitha .. Petitioner Vs.

1.The Home Secretary Ministry of Home Department Secretariat, Chennai - 09.

2.The Superintendent of Police, Kancheepuram, Kancheepuram District.

3.The Inspector of Police, Sunguwarchatram Police Station, Sriperumpudur Taluk, Kancheepuram District.

4.Lokeshwaran 5.The Inspector of Police, Thiruvalam Police Station, Ranipet District.

(R5 suo motu impleaded as per order dated 19.11.2020) ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce 4 years minor female baby Dyashri hand over custody of the mother from the 4th respondent.

For Petitioner ..

Mr.T.R.Shanmugam For Respondents ..

Mr.R.Prathap Kumar, Addl. Public Prosecutor R1 to R3 & R5

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner is the wife of the fourth respondent. This habeas corpus petition has been filed seeking custody of the detenue, who is a minor child, born out of the wedlock.

2. Today, the petitioner, the detenue/minor child and the fourth respondent are present.

3. The petitioner submitted that she was not given access to the minor child. However, it is submitted by the fourth respondent that the petitioner left the detenue/minor child in lurch for the best reasons known to her.

4. We made the parties to have an interaction with each other. We also find that the detenue/minor child is, at present, is not very comfortable with the petitioner.

5. Inasmuch as this is nothing but an extension of matrimonial discord between the petitioner and the fourth respondent, which created the present scenario, we direct both the parties to appear before the District Mediation Centre, Kancheepuram on 21.12.2020.

6.In view of the above, the habeas corpus petition stands closed as we find no illegal detention involved. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssm To 1.The Home Secretary Ministry of Home Department Secretariat, Chennai - 09.

2.The Superintendent of Police, Kancheepuram, Kancheepuram District.

3.The Inspector of Police, Sunguwarchatram Police Station, Sriperumpudur Taluk, Kancheepuram District.

4.The Inspector of Police, Thiruvalam Police Station, Ranipet District.

5.The Public Prosecutor, High Court, Madras.

6. The Joint Secretary, Public (Law & Order) Department, Frt.St.George, Chennai-9.

7. The District Mediation Centre, Kancheepuram.

H.C.P. No. 1991 of 2020 CA CO SDR 16/12/2020