Ramalakshmi v. The Commissioner Of Police

H.C.P.(MD) No.303 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.303 of 2021 Ramalakshmi

...Petitioner/Wife of the detenu

-vs1.The State represented by, The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

3.Sathya ... 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 husband by name Ramkumar, S/o.Muniyasamy (Male, aged 29 years) detenu in the present case, before this Court and consequently set him at liberty. For Petitioner :

Mr.M.Erulapparaja For R1 & R2 :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the respondents 1 & 2 to produce the petitioner's husband, namely, Ramkumar, S/o.Muniyasamy, aged 29 years, before this Court and set him at liberty.

2. Today, when the matter was taken up for hearing, the petitioner and the detenu along with their counsel appeared before this Court. The detenu is none other than the husband of the petitioner. On enquiry, the detenu would state that he has already filed H.M.O.P.No.405 of 2020 before the Family Court, Madurai against the petitioner, for divorce. He would further state that he is teetotaler, but he was taken to de-addiction centre and he was harassed by the petitioner and her relatives. It is also stated that he knows the third respondent, however he is not having any contact with her.

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H.C.P.(MD) No.303 of 2021 3.It is the submission of the learned counsel for the petitioner that there is possibility of settlement and therefore, the matter can be referred to Mediation.

4.In the light of the above statement made by the detenu, we are of the opinion that no further adjudication is required and hence, this habeas corpus petition is closed. The learned Family Court Judge, Madurai shall refer the parties to the Mediation Centre for amicable settlement.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) AM Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Family Court Judge, Madurai.

Order made in H.C.P.(MD) No.303 of 2021 02.03.2021 KG(CO) SRS (16/03/2021) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2