Sebastiayan Angel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR HCP(MD).No.632 of 2023 Sebastiayan Angel : Petitioner Vs 1.The Superintendent of Police, Kanyakumari District 2.The Inspector of Police, Suchindram Police Station, Suchindram Kanyakumari District 3.Vineeshraja : Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person and body of the petitioner's wife detenue namely Bebin Bensy (aged about 34 years) W/o.Sebastiayan Angel, along with the petitioner's minor daughters detenues namely S.Stebin Beny (aged about 6 years) D/o.Sebastiayan Angel and S.Stany Beny (aged 4 years) D/o.Sebastiayan Angel before this Court and set them at liberty. 1/5

For Petitioner : Mr.D.Udhayakumar For Respondents : Mr.RMS.Sethuraman for R1 & R2 Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Owing to certain matrimonial dispute between the petitioner and his wife Bebin Bensy, aged 34 years, the latter had left the matrimonial home along with two minor children, namely, S.Stebin Beny (aged about 6 years) and S.Stany Beny (aged 4 years). In this connection, the petitioner had filed the present Habeas Corpus Petition seeking for production of his wife and two minor children.

2. During the course of last hearing, we felt it is a fit case to be referred to Mediation and Conciliation Centre and accordingly, had directed the parties to appear before the Mediation and Conciliation Centre attached to this Bench on their request. During the mediation held on 06.07.2023, both the petitioner as well as his wife had resolved the dispute among themselves and agreed to live together with their children. The terms of the settlement was recorded by the Mediation Centre and report dated 06.07.2023 has also 2/5

been filed, which evidences as follows:

"6.The following settlement has been arrived at between the parties hereto:

A.First of all there is so much understanding between them. The petitioner and the detenue are ready to go to their village Pallam, Agasteeswaram Taluk, Kanyakumari District. B.Because of some stigma the detenue/wife was little bit reluctant to go to village immediately. But she told after one month we shall go to vilage.

C.Then after advice she is willing to go to their village."

3. In view of the amicable settlement arrived at between the parties, the grievance of the petitioner has been resolved. Accordingly, this petition is closed.

[M.S.R.,J] [M.N.K.,J] 10.07.2023 Index : Yes / No Internet : Yes RR 3/5

To 1.The Superintendent of Police, Kanyakumari District 2.The Inspector of Police, Suchindram Police Station, Suchindram Kanyakumari District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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M.S. RAMESH , J.

AND M.NIRMAL KUMAR, J.

RR HCP(MD).No.632 of 2023 10.07.2023 5/5