Santhini Devi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.855 of 2023 Santhini Devi .. Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

3.Sahayaarulnijan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner daughter, Nijushafenal, aged about 3 years born on 27.08.2020, who is under the illegal custody of respondent No.3 and hand over her custody to the petitioner.

For Petitioner :

Ms.S.Veda Valli For Respondents :

Mr.RMS.Sethuraman, Addl. Public Prosecutor Mr.M.Arikaran for R3

ORDER

( Order of the Court was made by M.S.RAMESH,J.) The petitioner is the mother of one baby Nijushafenal, aged about three years, who was born on 27.08.2020. The third respondent herein is her husband. Owing to certain domestic quarrels between the petitioner and the third respondent, she had left the matrimonial house. Thereafter, she had given a birth to a female baby viz., Nijushafenal on 27.08.2020. It is the case of the petitioner that the third respondent herein had come to her house and taken away her child, owing to which she had given a complaint to the second respondent police. In the meantime, the petitioner had given a statement to the second respondent police, owing to which the complaint itself was closed. However, since she intends to have the

custody of her minor daughter, the present Habeas Corpus Petition has been filed.

2. On our directions, the second respondent herein had produced the petitioner's daughter along with the third respondent herein today. On looking into the facts of the case, we felt it is a fit case to be referred to the Mediation and accordingly, the parties were referred to the Mediation. Before the Mediation Centre, both the petitioner as well as the third respondent herein had come to an amicable arrangement by which, the third respondent had agreed to handover the custody of his daughter to the petitioner, on the understanding that the petitioner would procure a job in Thoothukudi and child will also be with her in Thoothukudi. The petitioner would have the entire custody of the child with her and when she goes to attend the duty, she would handover the child to her mother. The further understanding that the third respondent herein could visit the petitioner's child once in a week between 9.00 a.m. to 5.00 p.m. The settlement entered into between the parties on

20.07.2023 before the Mediation Centre as well as statement of the petitioner and the third respondent herein read as follows:

3. In view of the amicable settlement arrived at between the parties, no further orders are required in the present Habeas Corpus Petition. Both parties herein shall strictly adhere to the terms of the agreement arrived between them before the Mediation Centre as extracted above. This apart, we also deem it fit to give liberty to the third respondent herein to have visitation rights of the child during the holiday periods also.

4. At this juncture, the learned counsel for the petitioner submitted that since the petitioner is presently working at Chennai, she requires some time to shift her residence from Chennai to Thoothukudi. We are of the view that 15 days time would be appropriate for such shifting and it would be open to the petitioner to handover the temporary custody of the child to her mother during such period.

5. With these observations and findings, this Habeas Corpus Petition stands closed.

(M.S.R.,J.) (M.N.K.,J.) 20.07.2023 NCC :

Yes / No Index :

Yes / No vsm

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

vsm To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

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

H.C.P.(MD)No.855 of 2023 20.07.2023