Anjali v. Home, Prohibition And Excise Department
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2024
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1479 of 2024 Anjali .. Petitioner/mother of the detenue Vs.
1.The Commissioner of Police, Greater Chennai, Chennai.
2.The Inspector of Police, All Women Police Station, Puliyanthopu, Chennai.
3.Appu 4.Anitha .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, direct the second respondent herein to produce the body of the petitioner's minor daughter namely Thanshika, D/o.Appu, aged 4 years (03.06.2020) before this Court and hand over to the
petitioner.
For Petitioner : Mr.M.Vignesh For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The Habeas Corpus Petition was filed by the mother of the minor girl child, aged about 4 years, seeking custody of the child from respondents 3 and 4, who are the husband and sister-in-law of the petitioner.
2. On 28.06.2024, we had passed an interim order, whereby the parties were referred to Mediation and Conciliation Centre, High Court of Madras and during the course of the mediation, the custody of the minor child was directed to be handed over to the petitioner / the mother. In the mediation held on 12.07.2024, the parties have entered into a settlement, whereby the custody of the child was retained by the petitioner / the mother and the father was granted visitation rights on every Sundays from 10 a.m to
5.00 p.m. The terms of the settlement arrived at between the parties as set out in the settlement agreement reads as follows: "WHEREAS 1.Disputes and differences had arisen between the Parties hereto and HCP No.1479/2024 was filed on 13.06.2024 before Madras High Court.
2.The matter was referred to mediation / conciliation vide an order dated 28.06.2024 passed by Hon'ble Justice MSRJ & SMJ.
3.The parties agreed that Mrs.Sandhya Vedullapalli would act as their Mediator/Conciliator.
4.Several meetings were held during the process of Mediation/Conciliation from 28.06.2024 to 12.07.2024 and the parties have with the assistance of the Mediator / Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences. 5.The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Conciliator.
6.The following settlement has been arrived at between the Parties hereto:
A. The father gets visitation right to every Sunday from 10Am to 5 Pm and he can take his daughter as his wish in the above mentioned time.
B. Both the parties have agreed to file Mutual divorce before appropriate court.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to HCP No.1479/2024 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of conciliation/Mediation."
3. In view of the above settlement arrived at between the parties on 12.07.2024, no further orders are required, since their grievances have been redressed. Accordingly, this Habeas Corpus Petition stands closed. (M.S.R.,J.) (S.M.,J.) 25.07.2024
NCC : Yes / No Index : Yes / No Anu To 1.The Commissioner of Police, Greater Chennai, Chennai.
2.The Inspector of Police, All Women Police Station, Puliyanthopu, Chennai.
3.The Public Prosecutor, Madras High Court
M.S.RAMESH,J.
and SUNDER MOHAN ,J.
Anu H.C.P.No.1479 of 2024 25.07.2024