K. Mohammed Ismail v. Inspector of Police, Vellore
2013-10-03
G.M.AKBAR ALI, V.DHANAPALAN
body2013
DigiLaw.ai
Judgment : V. Dhanapalan, J. 1. This Habeas Corpus Petition has been filed, praying for a direction to the respondents to produce the minor children of the petitioner, namely, Mohammed Inamul Hasan, aged about one and half years, and Fathima, aged about seven months, and the wife of the petitioner Mrs. Nahidha Samreen, aged about 24 years, before this Curt, who are alleged to be under illegal detention of respondents 4 and 5, and to hand them over to the petitioner. 2. On 24.07.2013, on appearance of the parties before this Court and on hearing them along with their counsel, this Court passed the following order: "We have heard the learned counsel on either side and enquired the petitioner as well as the detenue and also one of the relatives of the petitioner. 2. After hearing the parties, we are of the considered opinion that there exist a minimum of issues, to be resolved by mutual understanding between the petitioner and the detenue. Therefore, the petitioner is advised to make visits to the residence of the detenue where two of the petitioner's kids are also with the detenue, on every Saturday and Sunday until 14th August,2013, on which date, this matter will be taken up for hearing and their position is to be reported. Post the matter on 14.08.2013 at 04.00 p.m. before the same Bench in Chamber." 3. On further appearance of the parties on 26.08.2013, this Court again passed the following order : "Both the parties along with their respective counsel are present. 2. On being enquired with the parties, it is informed that the present arrangements shall continue for some more time. The petitioner is prepared to visit the residence of the detenue on every Saturday and Sunday, by leaving Chennai by Friday evening itself and remaining stayed till Sunday evening. During his stay, he has to take care of his wife and children. The petitioner also undertakes to set up a separate matrimonial home at his place. List this matter on 03.10.2013 at 04.00 p.m. in Chamber. The personal appearance of the in-laws is dispensed with." 4. Further, today, the parties are present before the Court along with their counsel. On enquiry, the parties have given their assurance to lead matrimonial life.
The petitioner also undertakes to set up a separate matrimonial home at his place. List this matter on 03.10.2013 at 04.00 p.m. in Chamber. The personal appearance of the in-laws is dispensed with." 4. Further, today, the parties are present before the Court along with their counsel. On enquiry, the parties have given their assurance to lead matrimonial life. The petitioner has come forward to take the detenues along with him to a place where he has arranged accommodation (separate portion) at No.24, Barracks Road, Periamedu, Chennai-600 003. He has also undertaken to keep the detenues with good comfort and to lead peaceful matrimonial life and also to provide care and protection to the minor children. The detenue, who is the wife of the petitioner, also has expressed her willingness to go with her husband, the petitioner. 5. The undertakings of both the parties, accepting to lead their lives together in the interest and welfare of the minor children at the arranged home, are recorded. 6. H.C.P. is disposed of accordingly.