Bryna Baptista v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.846 of 2017 Bryna Baptista ... Petitioner -vs1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi District.

3.Arul Ponnarasu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the Respondents No.1, 2 and 3 to produce the body and person of the detenue namely

(1) Minor Anointson Fernando son of Antony Healthy Gracious, aged 11 years and (2) Minor Adonis Fernando son of Antony Healthy Gracious aged 3 1/2 year, the petitioner's children before this Hon'ble Court and hand over the custody to the Petitioner.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents 1 and 2 : Mr.T.Mohan Additional Public Prosecutor For 3rd Respondent : Mr.L.Shajichellan

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has filed this petition seeking production of her minor sons and to hand over their custody to her. 2.This is an extension of the dispute between the petitioner and her husband. The petitioner also filed G.W.O.P., which is pending. Now, one child is with the petitioner and the other two children are with the husband. According to the petitioner, the third respondent is none other than her brother-in-law and is taking care of the detenues. The conciliation efforts failed both before this Court and before the Mediation Centre. In such view of the matter, we do not find any illegal detention of the detenues. https://hcservices.ecourts.gov.in/hcservices/ 3.In view of the above, this Habeas Corpus Petition is closed.

It is made clear that this order will not have any impact on the pending proceedings, including the one under Protection of Women from Domestic Violence Act, 2005 and this order will not have any bearing on the orders passed already and also the pending proceedings.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi District.

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

+1 cc to Mr.G.Prabhu Rajadurai , Advocate in SR.No. 69617 +1 cc to Mr.L.Shaji Chellan , Advocate in SR.No. 69211 sj AE/KP/SAR1/10.08.2017/2P/6C H.C.P.(MD) No.846 of 2017 01.08.2017 https://hcservices.ecourts.gov.in/hcservices/