IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.12.2009 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE V. PERIYA KARUPPIAH H.C.P.No.2200 of 2009 Bhavanipriya .. Petitioner Vs. 1. The Superintendent of Police, Kancheepuram District, Kancheepuram. 2. State by Inspector of Police, Kalpakkam Police Station, Kancheepuram District. 3. Vasu .. Respondents Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India to direct the respondents herein to produce the body and person of the detenue's by name Lokesh aged about 9 years and Bhuvaneswari aged about 8 years who are the children of the petitioner herein and 3rd respondent before this Court and set them at liberty. For Petitioner : Mr.K.Balu For Respondents : Mr.V.R.Subramaniam, APP for R1 and R2 Mr.R.Rajasekaran for R3 - - - - O R D E R (The order of the Court was made by M.CHOCKALINGAM, J.) This application is brought forth by one Bhavanipriya, wife of the third respondent seeking production of the two minor children, Lokesh, aged 9 years and Bhuvaneswari, aged 8 years. 2. The affidavit filed in support of the application is perused. The Court heard the learned counsel appearing on either side. https://hcservices.ecourts.gov.in/hcservices/ 3. On 17.12.2009, when the matter was taken up by this Court, the minor detenue were produced before the Court. They were also enquired by this Court. It not in controversy that the marriage between the spouse took place in the year 1997 and they have been living at Kalpakkam. Due to wedlock, these two children were born to them and they were put in education also. While the matter stood thus, there was disturbance in the matrimonial life of the spouse. The petitioner/wife gave a complaint against her husband alleging criminal intimidation. The case was registered in Crime No.206/2009 under sections 294(b), 3232, 324, 506(ii) and 379 IPC. The said case is pending investigation. Meanwhile, the third respondent has filed a petition for divorce which is pending on the file of the Sub Court, Chenglepet in O.P.No.143/2009. Both the children are in custody of the third respondent. Aggrieved over the same, the petitioner/wife has brought this application before the Court. 4. At the time of enquiry, it is brought to the notice of the Court that it is true, both the children are in custody of the father. It is true, a complaint was given by the petitioner against her husband and the case came to be registered and is pending investigation. The divorce proceedings filed by the husband/3rd respondent is pending before the Sub Court, Chengalpet. The counsel appearing for both sides, made an attempt to find out whether there is any possibility of reunion between the parties. The parties are not amenable for reunion. Under such circumstances, it is represented that an interim solution has to be given to the parties for the present. 5. Now, the matter which is pending before the police and also the divorce proceedings pending before Chengalpet Court could be solved by the parties by approaching the Mediation Centre or otherwise. Under such circumstances, after hearing the counsel appearing on both sides, the Court is of the considered opinion that as an interim measure, the father/3rd respondent shall have the custody of his son Lokesh and the mother/petitioner shall have the custody of her daughter, Bhuvaneswari, to which course, both the parties agreed. Accordingly, the same is ordered. The petitioner and the third respondent are the parents of the children, Lokesh and Bhuvaneswari. Therefore, the petitioner is permitted to visit her son Lokesh on the first and third Sunday of every month and equally, the father/3rd respondent is permitted to visit his daughter, Bhuvaneswari on the first and third Sunday of every month, till the matter is amicable settled between the parties. Accordingly, the habeas corpus petition is disposed of. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ vsi To 1. The Superintendent of Police, Kancheepuram District, Kancheepuram. 2. Inspector of Police, Kalpakkam Police Station, Kancheepuram District. 3. The Public Prosecutor, High Court, Chennai. + 1 CC to Mr.K.Balu, Advocate SR NO 69830 + 1 CC to Mr.R.Rajasekaran, Advocate SR NO 69737 HCP.No.2200 of 2009 KA (CO) SS (30.12.2009) https://hcservices.ecourts.gov.in/hcservices/