Sankaranarayanan Ragavan v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Sankaranarayanan Ragavan, S/o.S.Raghavan ... Petitioner/Father of the detenue vs.

1.The Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi - 110 001.

2.The Secretary, Ministry of Overseas Indian Affairs, Government of India, Akbar Bhavan, Chanakyapuri, New Delhi - 110 021.

3.The Superintendent of Police, Tenkasi, Tenkasi District.

4.The Superintendent of Police, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

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6.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

7.Saravanaselvi, W/o.Sankaranarayanan Ragavan ... Respondents Prayer :- Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 to 6 to secure the detenue namely, Nadiya Sankaranarayanan, daughter of Sankaranarayanan Ragavan, aged 11 years and produce the person or body of the detenue before this Court and hand over her custody to the petitioner, enabling him to produce the detenue before the Royal Court of Justice in England and Wales in Case No.FD22P00450.

For Petitioner : Mr.R.J.Karthick For Respondent Nos.1 & 2 : Mr.K.Govindarajan Deputy Solicitor General of India For Respondent Nos.3 to 6 : Mr.RMS.Sethuraman Additional Public Prosecutor For Respondent No.7 : Mr.K.P.Narayanakumar For Mediator : Mrs.N.Krishnaveni Senior Counsel 2/15

ORDER

(Order of the Court was made by M.S.RAMESH, J.) This Habeas Corpus Petition has been filed directing the respondents 1 to 6 herein to secure the petitioner's daughter namely, Nadiya Sankaranarayanan, aged about 11 years and produce her before this Court and hand over her custody to the petitioner, enabling him to produce her before the Royal Court of Justice in England and Wales in Case No.FD22P00450.

2. It is the case of the petitioner that owing to certain matrimonial disputes between himself and the seventh respondent herein, they are in estranged relationship. In connection with the legal proceedings initiated by the petitioner, touching upon the guardianship and custody of the child, Nadiya Sankaranarayanan before the High Court of Justice Family Division, England and Wales, series of orders have been passed, whereby, the child Nadiya Sankaranarayanan was ordered to be a Ward of High Court of Justice, Family Division and thereafter, the mother/seventh respondent herein shall make the child and the child's passport available for collection by the father or the paternal grandparents by no later than 26.10.2022 and that the father shall return the child to England forthwith on or before 28.10.2022. In view of the non-compliance of the said order, the present Habeas Corpus Petition was filed by the petitioner, seeking orders to secure his 3/15

daughter and hand over her custody to him, enabling him to produce her before the Royal Court of Justice, England and Wales.

3. Pending the Habeas Corpus Petition, we thought it fit that the petitioner, as well as his wife be referred to Mediation to resolve the issue amicably between themselves by taking into consideration the welfare of the child, as well as the orders passed by the High Court of Justice, Family Division, England and Wales. In this connection, Mrs.N.Krishnaveni, learned Senior Counsel was requested to act as Mediator, for deliberating with the parties. Accordingly, Mrs.N.Krishnaveni, learned Senior Counsel had conducted Mediation and has filed a report before this Court stating that both the petitioner, as well as the seventh respondent had amicably resolved their dispute with regard to the custody of their child namely, Nadiya Sankaranarayanan, among themselves in the Mediation Proceedings held on 31.08.2023.

4. Both the petitioner, as well as the seventh respondent herein have entered into a settlement between themselves, the terms of which, have been reduced into writing in the Settlement Agreement, dated 31.08.2023, in the following manner:- 4/15

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5. The aforesaid terms are self-explanatory. Apart from resolving their dispute with regard to custody of the child, the parties have also exchanged certain articles between themselves. It is left open to the parties to resolve their other matrimonial disputes in a manner known to law.

6. In view of the amicable settlement arrived at between the parties with regard to custody of the child and exchange of certain articles, no further orders are required in the present Habeas Corpus Petition.

7. Recording the terms of the Settlement Agreement, dated 31.08.2023, this Habeas Corpus Petition stands closed.

NCC : Yes / No [M.S.R., J.] [M.N.K., J.] Index : Yes / No 01.09.2023 smn2 Note:- Issue order copy on 04.09.2023 To 1.The Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi - 110 001.

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2.The Secretary, Ministry of Overseas Indian Affairs, Government of India, Akbar Bhavan, Chanakyapuri, New Delhi - 110 021.

3.The Superintendent of Police, Tenkasi, Tenkasi District.

4.The Superintendent of Police, Thoothukudi, Thoothukudi District.

5.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

6.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

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M.S.RAMESH , J.

and M.NIRMAL KUMAR, J.

SMN2 ORDER MADE IN DATED : 01.09.2023 15/15