Sudalaikani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1061 of 2023 Sudalaikani .. Petitioner / Mother of the Detenue Vs.

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

2.The Inspector of Police, Sayarpuram Police Station, Thoothukudi.

3.Mr.Parthiban .. 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 body or person of the petitioner children namely Pranish Pranav, S/o.Parthiban, aged about 6 years and Manish Madev, S/o.Parthiban, aged about 4 years the detenues in the present case, before this Court and handover the custody to the petitioner.

For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.RMS.Sethuraman Addl. Public Prosecutor for R1 & R2 Mr.Sam Eugene Jeba Kumar for R3

O R D E R

(Order of the Court was made by M.S.RAMESH,J.) The petitioner and the third respondent are the husband and wife. Owing to certain matrimonial dispute, both are living separately. It is the case of the petitioner that her husband had taken custody of her two minor children viz., Pranish Pranav and Manish Madev, both aged about 6 and 4 years respectively and since he had refused to part with the custody, she has preferred a complaint in C.S.R.No.172 of 2023, dated 05.06.2023. It is in this background, the present Habeas Corpus Petition has been filed.

2. Today, when the matter was called, both the petitioner as well as the third respondent along with two children were present before us. We had taken into account the welfare of the children and thereafter, referred them to the Meditation and Conciliation Centre attached to this Bench and had passed over the matter.

3. At the end of the day, when the matter was taken up, both the petitioner as well as the third respondent, who were present before us along with their respective counsel reported that they had amicably settled their disputes among themselves, whereby both of them have agreed to live together at Madurai along with their children.

4. In view of the amicable settlement arrived at between the parties, no further orders are required in the present Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed. (M.S.R.,J.) (M.N.K.,J.) 30.08.2023 NCC : Yes / No Index : Yes / No vsm

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

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

2.The Inspector of Police, Sayarpuram Police Station, Thoothukudi.

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

H.C.P.(MD)No.1061 of 2023 30.08.2023