N.Irose Nisha v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)No.487 of 2016 N.Irose Nisha : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai-625 010.

3.The Sub Inspector of Police, S.S. Colony Police Station, Madurai-625 010.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to direct the respondents to produce the body of the detenus/petitioner's husband, namely Ameer Abbas, S/o.Janulabdeen (aged about 42 years), minor son Mohammed Aseel, S/o.Ameer Abbas (aged about 11 years) and minor daughter Aasifa, D/o.Ameer Abbas (aged about 6 years) and set them at liberty.

For Petitioner : Miss.A.Hafiza For Respondents : Mr.C.Mayil Vahana Rajendran, Additional Public Prosecutor For Detenus : Mr.Dhana Aravindha Balaji, For M/s.Dhana Law Associates *******

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] https://hcservices.ecourts.gov.in/hcservices/ The petitioner filed this Habeas Corpus Petition to produce her husband and two minor children before this Court and to set

them at liberty.

2. Even though there was no act of abduction or illegal detention, still this Court issued notice to the police and directed them to produce the husband and children of the petitioner.

3. The husband of the petitioner, by name Ameer Abbas along with two minor children appeared before us on 03 June, 2016. We examined the parties and advised them to arrive at a settlement. The husband of the petitioner agreed to discuss the issue with the Jamath. Therefore, we adjourned the matter and posted it today (09.06.2016).

4. When the Habeas Corpus Petition was taken up for consideration today, the petitioner and her husband agreed to resume cohabitation. The husband of the petitioner wanted the petitioner to stay with him without visiting her daughter born in the first marriage. The husband of the petitioner, on persuasion, submitted that in case she wanted to meet the first child, permission should be obtained from him and it should be a brief visit. The petitioner agreed for the terms suggested by her husband. Both the parties agreed that there would not be any kind of altercation between them and they would lead a peaceful life in the interest of the children born to them. The petitioner, further, agreed that she would live with her husband at his residence at S.S. Colony, Madurai and there would not be any problem from her side, which would spoil the cordial relationship.

5. The Habeas Corpus Petition is closed, in view of the settlement arrived at between the parties.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai-625 010.

3.The Sub Inspector of Police, S.S. Colony Police Station, Madurai-625 010.

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

+1cc to M/s.Dhana Law Associates, Advocate in SR.No.29340 SDR/SKS-RR/17.06.2016/2P/6C Order made in H.C.P(MD)No.487 of 2016 09.06.2016 https://hcservices.ecourts.gov.in/hcservices/