IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.12.2009 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE V. PERIYA KARUPPIAH H.C.P.No.1289 OF 2009 Jeniffar .. Petitioner Vs. 1. The State rep. by The Commissioner of Police, Egmore, Chennai – 600 008. 2. The Assistant Commissioner of Police, Sembium, Chennai. 3. The Inspector of Police, K-5, Peravallur Police Station, Peravallur, Chennai. 4. Mr.Pandi, Muthunagar, Chinnavadagarai, Thirumangalam Taluk, Madurai District. .. Respondents Writ of Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corps to direct the respondents to produce the body of the husband of the petitioner Mr.Gurunathmani S/o Pandi, aged about 31 years, having residence at No.55b, lSRP Colony 1st Main Road, Periyar Nagar, Chennai -82 before this Court and set him at liberty. For Petitioner : Mr.K.Venkataramani, Senior counsel for Mr.T.Ayngaraprabhu For Respondents : Mr.V.R.Balasubramanian,A.P.P. for R1 to R3 https://hcservices.ecourts.gov.in/hcservices/ O R D E R (The order of the Court was made by M.CHOCKALINGAM, J.) Seeking a Writ of Habeas Corpus for production of her husband, one Mrs.Jeniffer has filed this petition. 2. The Court heard the learned counsel on either side and looked into the averments made in the affidavit filed in support of the petition. 3. The gist of the case of the petitioner as could be seen from the affidavit is that the petitioner is a handicapped person; that when she was employed in an office, she fell in love with the detenu who was a Software Engineer; that though it was opposed by the family members of the detenu, they got married on 14.12.2008 as the per Hindu rites and customs; that she became pregnant; that while they were leading a peaceful married life, the uncle of the detenu and the family members gave lot of trouble which necessitated the petitioner to lodge a complaint before the Police; that the 4th respondent and other family members were called and advised not to interfere with the matrimonial life of the petitioner and her husband; that on 28.6.2009, the 4th respondent and the detenu family members confined the detenu and threatened the petitioner to forget her husband; that under such circumstance, the petitioner lodged a complaint before the police on 29.6.2009; that the 3rd respondent police received the complaint but has not registered a case and hence, the petitioner having no other option has approached this Court by way of Writ of Habeas Corpus. 4. When the matter came up before the Court on earlier occasion, the parties were directed to go before the Mediation Centre. In the Mediation, the petitioner and the detenu have agreed to dissolve their marriage solemnized between them by a decree of divorce by mutual consent and the detenu agreed to pay a sum of Rs.5,00,000/- toward claim of maintenance for the petitioner and his child in the womb of the petitioner. It was further agreed that the said sum would be deposited in a fixed deposit and the petitioner can get the interest amount from the said deposit for her maintenance and to maintain the child. 5. This Court considered the request made by the respondent/husband earlier that out of a sum of Rs.5 lakhs, a sum of Rs.2,00,000/- would be initially deposited before 3.9.2009 and the rest of the amount would be deposited within a stipulated time. Accordingly, the first part of the amount of Rs.2,00,000/- was deposited and the deposit voucher drawn on Indian Overseas Bank dated 31.10.2009 in No.222731 was handed over to the learned counsel for the petitioner. Today, the learned counsel for the petitioner has handed over the deposit voucher drawn on Indian Overseas Bank dated https://hcservices.ecourts.gov.in/hcservices/ 14.12.2009 in No.222848 for the remaining amount of Rs.3,00,000/- to the learned counsel for the petitioner in the names of both the petitioner and her child which was born in the month of September, 2009. The learned counsel appearing for the parties agreed that as per the understanding between them, they will file a petition for divorce on mutual consent and necessary steps will be taken by both the parties to file the said petition before the Family Court within a week or two. 6. The entire amount of Rs.5,00,000/- was paid by handing over the deposit vouchers by the learned counsel for the detenu/husband to the petitioner side and for receiving the same, an endorsement was also made in the Habeas Corpus Petition by the learned counsel for the petitioner. The entire amount of Rs.5,00,000/- shall be deposited in a fixed deposit in the name of the child and it shall be renewed periodically till the child attains the age of 18 years and the petitioner is entitled to withdraw the interest towards the maintenance of the child. As on today, the earlier order passed by this Court on 21.8.2009 has come into effect. Under such circumstances, no further order is necessary to be passed in the petition by this Court. 7. With the above observation, the Habeas Corpus petition is disposed of. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar vsi To 1. The Commissioner of Police, Egmore, Chennai – 600 008. 2. The Assistant Commissioner of Police, Sembium, Chennai. 3. The Inspector of Police, K-5, Peravallur Police Station, Peravallur, Chennai. 4. The Public Prosecutor, High Court, Chennai. 1 cc to M/s.K.Govi Ganesan, Advocate, Sr.No.69170 HCP.No.1289 of 2009 MBS {CO} TP/30.12.2009. https://hcservices.ecourts.gov.in/hcservices/