Ramalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE DR.JUSTICE S.VIMALA Habeas Corpus Petition (MD).No.592 of 2016 Ramalakshmi .. Petitioner vs.

1.The Superintendent of Police, Ramanathapuram District,Ramanathapuram.

2.The Inspector of Police, All Women Police Station,Paramakudi, Ramanathapuram District.

3.Duraisingam.

.. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus Petition directing the respondents to produce the body or person of the Detenue namely Jegan @ Kaleeshwaran, petitioner's minor son, aged about 1 years, son of Duraisingam before this Court and handover the custody to the petitioner.

For petitioner : Mr.D.Senthil For respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor for R1 and R2

ORDER

(Order of the Court was made by K.K.SASIDHARAN, J) The petitioner, the third respondent and the petitioner's father are present before us. As undertaken on 02.06.2016, the third respondent has taken a separate residence to live with the petitioner. The petitioner is agreeable to live with the third respondent along with the child in the said residence. The parties have agreed to cohabit without any problem, henceforth.

2. This Habeas Corpus Petition is disposed of with the above observation.

Sd/- 06.06.2016 This petition having been listed on 07.06.2016 under the caption for being mentioned Pursuance to the order of this court dated 06.06.2016 and made herein in the presence of the above said counsels on either side this court, made the following order :

(Order of the Court was made by K.K.SASIDHARAN, J.) The Habeas Corpus Petition filed by the petitioner was disposed of, by order dated 06 June, 2016. The order reads thus: "The petitioner, the third respondent and the petitioner's father are present before us. As undertaken on 02.06.2016, the third respondent has taken a separate residence to live with the petitioner. The petitioner is agreeable to live with the third respondent along with the child in the said residence. The parties have agreed to cohabit without any problem, henceforth.

This Habeas Corpus Petition is disposed of with the above observation."

2. Subsequently, the learned counsel for the third respondent made a mention before us that the petitioner left for Paramakudi without joining her husband. We, therefore, directed the Registry to post this matter today under the caption 'for being mentioned'.

3. When the matter was taken up for consideration today morning, the petitioner appeared before us and submitted that the third respondent was not in possession of the key of the building and as such, she proceeded to Paramakudi. The petitioner informed us that she is prepared to go with him.

4. We have directed the brother of the petitioner to accompany the third respondent for the purpose of identifying the residential house. Since the petitioner informed us that she would also like to go and reside in the house, we have directed the parties to inspect the house and report us.

5. When the matter was taken up during the afternoon session, the petitioner and the third respondent appeared before us. The mother of the petitioner and her brother also appeared before us. The petitioner agreed to go with the third respondent with the child and stay at the residence taken by the third respondent on rent at Madurai. The third respondent agreed to purchase necessary dress and other articles for the petitioner. The parties also agreed to live peacefully without any problem.

6. In view of the arrangement made by the parties, no further order is necessary in this matter.

Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar

To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

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

+1cc to M/S.D.Senthil, Advocate SR.28072 +1cc to M/S.G.Prabhu Rajadurai Advocate SR.28774 sml JA-DB-SAR-3/21.06.2016-3P-6C Habeas Corpus Petition (MD).No.592 of 2016