L.Prabha v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN L.Prabha ... Petitioner Vs.
1.The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.
3.Mani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of the petitioner's daughters namely Riyasha and Jesiya, minor girls, aged about 11 years and 8 years and to hand over the custody to the petitioner.
For Petitioner : Mr.S.Nedunchezhiyan For R1 & R2 : Mr.E.Raj Thilak Additional Public Prosecutor For R3 : Mr.R.C.Paul Kangaraj
ORDER
(Order of the Court was made by M.S. RAMESH, J.) Though final order was passed on 19.06.2025, in view of certain clarifications, the matter is listed today under the caption 'for being spoken to'.
2. Since no further clarification is required in the present petition, the following final order is passed.
3. Claiming that the petitioner's two minor daughters have been compelled to stay with her husband/third respondent herein against her wishes, the petitioner seeks for custody of her daughters. She had also given a complaint before the second respondent Police in CSR No.155 of
2025 dated 25.04.2025 and since there was no adequate progress on her complaint, she has filed the present Habeas Corpus Petition.
4. Since there appears to be a matrimonial dispute between the petitioner and the third respondent herein and also by taking into account the welfare of the minor daughters, we had referred the parties to the Mediation Centre on 18.06.2025. Accordingly, when both the parties appeared before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, they had amicably resolved their indifferences with regard to the custody of their children and entered into a settlement on 19.06.2025 in the following manner:- "8. The following settlement has been arrived at between the parties hereto:
A. It is agreed that the two female children will reside with their mother in the above mentioned address i.e., in C.M. Paravillai, Meykodu Post, Kanniyakumari District - 629 804 and under her custody and to put them in schools nearby her residence.
B. It is agreed that they share the responsibilities of the two female children equally in all the auspicious events of the children and to act accordingly.
C. It is agreed that the father is entitled for visitation rights in respect of both the children and spend time with them in the alternate weekends i.e., from Friday night to Sunday evening.
D. It is agreed that if the children having long holidays i.e., more than 7 days, it has to be equally spent with both parents.
E. It is agreed that if either of the parents would have any family functions or auspicious event, they can take along the children with them.
9. By signing this Agreement, the parties hereto state that they have no further claims or demands against each other with respect to H.C.P. No. 1082 of 2025 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of Mediation. This agreement was made without causing any prejudice to the case filed in the Family Court, Nagercoil in I.D.O.P. No.665 of 2024."
5. In view of the amicable settlement between the parties, the petitioner's grievance stands redressed and hence, no further order is required. Accordingly, the terms of the settlement is hereby recorded and the Habeas Corpus Petition stands closed. No costs. [M.S.R, J.] [V.L.N, J.] 25.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and V.LAKSHMINARAYANAN, J.
Sni 25.06.2025