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Madras High CourtHCP/2557/2024disposed of

P.K.Mogana v. The Superintendent Of Police

2024-10-18Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2024 CORAM :

THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM P.K.Mogana W/o Vinoth ..

Petitioner v.

1. The Superintendent of Police Thiruvallur District Thiruvallur

2. State rep by:- The Inspector of Police R.K.Pet Police Station Thiruvallur District (Crime No.348 of 2024)

3. Vinoth S/o Ekambaram ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the body or person of the petitioner's minor son namely

M.V.Ganesh, aged about 2 1⁄2 years, S/o P.K.Mogana from the custody of the 3rd respondent before this Hon'ble Court and handover the child to the petitioner.

For Petitioner ::

Mr.M.N.Kathir For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor for R1 & R2 R3-Mr.E.Vinoth/Party in Person

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of habeas corpus has been instituted to direct the respondents 1 and 2 herein to produce the minor son, namely, M.V.Ganesh, aged about 2 1⁄2 years.

2. The second respondent produced the minor boy, aged about 2 1⁄2 years, along with his father/third respondent herein. The petitioner along with her father and the father of the third respondent are present before this Court. We have examined the parties, who are relatives. Though the third respondent informed us that the petitioner and the third respondent are living separately on account of some misunderstanding and the minor boy is in the

custody of the third respondent/father, now they have agreed to resume the matrimonial life. It is the responsibility of the elders of both families to ensure that the petitioner and the third respondent live peacefully along with the minor son. Since the parties have agreed to resume the matrimonial life, no further adjudication needs to be undertaken. Consequently, the habeas corpus petition stands disposed of.

Index : yes/no (S.M.S.,J.) (V.S.G.,J.) 18.10.2024 ss To

1. The Superintendent of Police Thiruvallur District Thiruvallur

2. The Inspector of Police R.K.Pet Police Station Thiruvallur District

3. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND V.SIVAGNANAM,J.

ss 18.10.2024