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Judgments of Supreme Court of India and High Courts

S.Pinky vs The Commissioner Of Police on 4 January, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH

AND

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

H.C.P.[MD].No.1834 of 2018

S.Pinky : Petitioner

Vs.

1.The Commissioner of Police,
Madurai City.

2.The Assistant Commissioner of Police,
Thilakar Thidal Police Station,
Madurai City.

3.The Inspector of Police,
Karimedu Police Station,
Madurai City.

4.P.Dinesh Kumar
5.G.Pandiya Rajan : Respondents

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PRAYER: Petition is filed under Article 226 of the Constitution of India

to issue a Writ of Habeas Corpus, directing the respondents 4 and 5 to

produce the detenu, by name, Iishaan, [Minor son, aged 6 years],

S/o.P.Dinesh Kumar, before this Court and hand over the detenu to

the petitioner’s custody.

For Petitioner : Mr.R.Anand

For Respondent Nos.1to3 : Mr.K.Dinesh Babu
Additional Public Prosecutor
For Respondent Nos.45 : Mr.Niranjan S.Kumar

ORDER

***********

[Order of the Court was made by R.SUBBIAH, J.]

The present Habeas Corpus Petition has been filed by the

mother of the detenu, seeking a Writ of Habeas Corpus, directing the

respondents 4 and 5 to produce the detenu, by name, Iishaan, [Minor

son, aged 6 years], S/o.P.Dinesh Kumar, before this Court and hand

over the detenu to the petitioner’s custody.

2. According to the petitioner, the marriage between her and

the fourth respondent herein had taken place on 12.02.2012. Out of

the wedlock, they were blessed with a male child, named, Iishaan,

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aged 6 years. Thereafter, on account of some misunderstanding

between the petitioner and the fourth respondent, she started to live

with her parents. While so, on 22.12.2018, when her son was in

school, the fourth respondent had taken away the minor child. In this

regard, the petitioner made a complaint before the first respondent.

Since there were no effective steps taken by the first respondent

police to trace out the detenu, the petitioner has come up with the

present Habeas Corpus Petition.

3. Earlier, considering the submission made by the parties, this

Court, by order dated 04.01.2019, had referred the matter to the

Mediation and Conciliation Centre, attached to this Bench.

Accordingly, mediation was conducted between the parties and a joint

compromise memo dated 04.01.2019 has been filed. The terms and

conditions of the compromise memo read thus:-

“The Petitioner herein is the wife and the 4th
respondent is ,the husband. The 5th respondent is the
Father-In-Law of the petitioner. The other
respondents 1 to 3 are official respondents. The
Present Habeas Corpus Petition in H.C.P.(MD).No.

1834 of 2018 is filed by the petitioner seeking custody
of the 6 year old Son ‘Master Iishaan from the custody
of 4th and sir Respondent. During the pendency of the
proceedings, the petitioner as •well as the 4th

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respondent has amicably settled the main matrimonial
dispute with the help of elders of the family. Further
without precipitating the issue, both the petitioner
and the 4th respondent have mutually agreed for the
following terms of compromise. TERMS OF THE
SETTLEMENT:

1. The Petitioner and the 4th respondent had
mutually agreed to obtain divorce: before the Family’
Court, -Madurai. Irrespective of the allegation
levelled against each other, the petitioner will enter
appearance before the Divorce Petition filed by the
4th respondent in
H.M.O.P.No.1146 of 2018 and will file a memo stating
“NO ‘OBJECTION” for granting Divorce. The 4th.
respondent and the petitioner will withdraw the
allegations levelled against each other and will
cooperate , for obtaining the Decree of Divorce. In
case the Family Court, Madurai does not accept to
grant mutual divorce in H.M.O.P.No.1146 of 2018, it
will be appropriate. to :the petitioner and the 4th
respondent to file a separate H.M.O.P seeking Mutual
DiVorce under the appropriate Provision of Law.

2. The 4th Respondent will hand over the Child
Master lishaan to the Petitioner on the date of
disposal of the above Habeas Corpus Petition. From
there on the petitioner will have thechild from
Monday to Friday of every English .calendar Week.
The 4th ‘respondent will hate the Child on Saturday
and Sunday of English Calendar every week. Both the
Petitioner and the 4th respondent will take MAP care

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of the child when they are with them respectively. In
case of any urgency or need,’ both parties agree to
allow each other to see or take the ‘child .for such
emergency or occasion. Either of the parties will co-
operate and will not precipitate the issue. Any
violation of the same will be viewed seriously and it
amounts to Contempt of Court..

3. The 4th respondent will not press the
criminal complaint which had been lodged by him
before the .Karimedu Police Station tas against the
petitioner. Both the petitioner as well as the 4th
respondent will undertake that they will not
precipitate the matrimonial issue any further using
criminal cases against each Other. In case the
karimedu Police Registers an First Information Report
before the cpnclusion of the Settlement, it is open to
the Petitioner to file a Quash Petition before the
Honrble Madurai Bench of Madras High Court and
the 4th.respondent will submit his “No Objection” to
such.quash application.

4. The 4th respondent undertakes to bear all
the expenses relating to the education i.e., School
Fees and Medical Expenses and ‘other incidental
expenses arising thereto for Master lishaan.

5. Both the – Petitioner and the 4th respondent
will, not show any further enmity towards each other
and will hence forth look after their life separately.
The Prime Concern is about the growth and well
being of Child Master lishaan. Both the Petitioner as
well as the 4th respondent will, from their heart and

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conscience behave as a dutiful mother and father in
respect of Master Iishaan and also mutually agree to
provide the best and quality life style and
environment for the Child Master lishaan.

All the above terms are agreed by both, the
petitioner and the 4th respondent out of their own free
will and to their conscience, without there being any
inducement in any form. Hence to that effect both the
petitioner and the 4th respondent herein signed in the
presence of the Mediators and their respective
Counsels .on this the 7th Day of January, 2019.

4. Placing the contents of the joint compromise memo filed by

the parties dated 04.01.2019 on record, the Habeas Corpus Petition

stands closed.

[R.P.S.J.,] [B.P.J.,]
04.01.2019
Index : Yes/No
Internet : Yes/No

NB

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To
1.The Commissioner of Police,
Madurai City.

2.The Assistant Commissioner of Police,
Thilakar Thidal Police Station,
Madurai City.

3.The Inspector of Police,
Karimedu Police Station,
Madurai City.

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

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8

R.SUBBIAH, J.

AND
B.PUGALENDHI, J.

NB

ORDER MADE IN

H.C.P.[MD].No.1834 of 2018

04.01.2019

http://www.judis.nic.in

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