Madras High CourtHCP(MD)/1465/2024disposed of

P. Divya Bharathi v. The State Of Tamil Nadu

2024-11-28Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE P.VADAMALAI P.Divya Bharathi ... Petitioner / Mother of the Detenue Vs.

1.State of Tamil Nadu Rep. by The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, All Women Police Station, Sanarpatty, Dindigul.

3.K.Dharmaraj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 & 2 herein to produce the body and person of the petitioner's child namely Nishanth aged about 3.5 years old before this Court and handed over the petitioner.

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For Petitioner : Mr.G.Ganeshkumar For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor.

For R1 & R2 : Mr.K.Arunraj for R3

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2. The petitioner is the mother of the detenue. The child is presently with the third respondent. We counseled the parties. They arrived at an amicable understanding. Pursuant to the request made by us, the third respondent / father of the child has agreed to hand over the child to the petitioner / mother. The mother has also agreed that she will respect the visitation rights of the father. The petitioner agrees that the third respondent can come down to Chennai or wherever she is residing and take the child with him twice a month. The child can be with the father for full two days. A consent memo has also been filed. The same is taken on record.

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3. The Habeas Corpus Petition is disposed of accordingly. (G.R.S. J.,) & (P.V.M. J.,) 28.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To:- 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, All Women Police Station, Sanarpatty, Dindigul.

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

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G.R.SWAMINATHAN, J.

and P.VADAMALAI, J.

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