Rasul v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Rasul S/o.Mohamed Anifa .. Petitioner Vs.

1. The Commissioner of Police Tambaram City

2. State rep. By its The Inspector of Police W Chitlapakkam All Women Police Station Tambaram

3. Ayisha ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the second respondent to produce the person and body of the petitioner's minor children one son namely Abdul Sirath, male, aged about 7 years, son of Rasul and another Page Nos.1/5

daughter namely Thowhida, female aged about 3 years, daughter of Rasul before this court from the custody of the third respondent and handover to the petitioner.

For Petitioner :

Mr.S.Senthilvel For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity].

2. Factual matrix in a nutshell is that the petitioner and third respondent are married; that the date of marriage is 12.02.2015; that the petitioner and third respondent have three children from the wedlock/matrimonial tie; that the three children are one seven year old boy, four year old girl child and seven months old male infant; that there was matrimonial discord between the petitioner and third respondent; that apprehending that the third respondent may have been illegally detained by her parents against her will, captioned HCP has been filed in this Court on 08.06.2023; that yesterday (22.06.2023) notice was issued; that the third Page Nos.2/5

respondent, her parents, petitioner, petitioner's counsel Mr.S.Senthilvel, Mr.E.Raj Thilak, learned State Additional Public Prosecutor for Respondents 1 and 2 (official respondents) are before this Court today.

3. The third respondent and petitioner had a one-to-one interaction for some time and this matter was passed over for this purpose.

4. Post discussion/interaction in the second call, it was reported to this Court that the petitioner and third respondent would try and arrive at an amicable solution qua their matrimonial discord by resorting to mediation. It is open to the parties to approach the jurisdictional Mediation Centre under the aegis of the jurisdictional Court. If the petitioner and third respondent choose to adopt this course, the jurisdictional Mediation Centre under the aegis of the jurisdictional Court i.e., the Mediation Centre which is an adjunct of the jurisdictional Court shall do the needful in accordance with Standard Operating Procedures.

5. As this is not a case of illegal detention as would be evident from the narrative thus far, we deem it appropriate to drop the curtains on the captioned HCP.

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6. The sequitur is captioned HCP is disposed of as closed albeit preserving all the rights and contentions of all the parties if there are any collateral / connected proceedings.

(M.S.,J.) (R.S.V.,J.) 23.06.2023 gpa To

1. The Commissioner of Police Tambaram City

2. State rep. By its The Inspector of Police W Chitlapakkam All Women Police Station Tambaram

3. The Public Prosecutor Madras High Court, Chennai Page Nos.4/5

M.SUNDAR, J.

and R.SAKTHIVEL , J.

gpa 23.06.2023 Page Nos.5/5