C.Santhosni v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 1431 of 2019 Santhosni.C ... Petitioner -vs1.The Inspector of Police, N-3, Muthialpet Police Station, Muthialpet, Chennai - 600 001.

2.Kalpana Raj Kumar ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the first respondent to produce the body or person of petitioner's husband namely, Keshav Rajkumar, son of Rajkumar, aged about 28 years before this Court and so as to enable the petitioner to live with him.

For Petitioner : Ms.M.Rajamani For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 : Mr.M.Mohammed Rafi for R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the first respondent to produce the body or person of petitioner's husband namely, Keshav Rajkumar, son of Rajkumar, aged about 28 years before this Court and so as to enable the petitioner to live with him, the present Habeas Corpus Petition has been filed.

2. The parties are present. The petitioner is represented by her parents. The detenu is represented by the second respondent.

3. In the presence of the learned counsel, the parties have come to the following agreed terms:- (i) the jewels of the petitioner brought forth by the second respondent, duly checked are returned today in our presence to the petitioner's mother.

(ii) the Demand Draft brought to this Court for a sum of Rs.5 lakhs (in D.D.No.158802, drawn on Lakshmi Vilas Bank, T.Nagar Branch, Chennai dated 14.10.2019) in the name of the petitioner is also received by the petitioner's mother.

(iii) it is further agreed that the thaali given by the family of the detenu to the petitioner shall be kept by her in view of the further amount to be paid to her. (iv) Additionally, the detenu and the second respondent shall pay a sum of Rs. 1,00,000/- (Rupees One lakh only) at the time of filing petition for mutual divorce.

(v) Both the petitioner and the detenu have agreed to go for mutual divorce by filing a joint petition. (vi) The complaints filed before the Srirangam Police Station in CSR No. 256 of 2019 and Flower Bazar Police Station in Cr.No.49 of 2019 are directed to be closed as no useful purpose would be served in keeping them pending.

(vii) A direction is issued to the concerned Family Court to dispose of the divorce petition within a period of two weeks from the date of filing of such petition.

4. With the above said observation, the Habeas Corpus Petition stands disposed of.

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

To 1.The Inspector of Police, N-3, Muthialpet Police Station, Muthialpet, Chennai - 600 001.

2.The Public Prosecutor, High Court, Madras.

3. The Inspector of Police, W12, AWPS Harbour Range, Chennai -1.

4. The Inspector of Police, AWPS,Srirangam, Trichy -620006.

+1 cc to M/s.M.Rajamani,Advocate Sr.No. 89145 +1 cc to M/s.M.Mohammed Rafi, Advocate Sr.No.88414 AKM/20.11.19/3P-7C / H.C.P. No. 1431 of 2019 22.10.2019