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2014 DIGILAW 207 (MAD)

M. Nandhadevi v. State

2014-01-29

K.KALYANASUNDARAM, M.JAICHANDREN

body2014
JUDGMENT M. Jaichandren, J. 1. This Habeas Corpus Petition has been filed, to direct respondents 1 and 2, to produce the detenu, minor Parthiban, aged about 7 years, son of Muruganandam, before this Court and hand over his custody, to the petitioner. 2. The matter was referred for mediation, to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 9.7.2013. 3. A communication, dated 23.01.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 30.07.2013, has been received, and in the said Mediation Report, it is stated as follows:- "Petitioner and 3rd Respondent appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon'ble Court." 4. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 30.07.2013, this Habeas Corpus Petition is listed for passing orders, in terms of the said Mediation Agreement. 5. The Mediation Agreement, dated 30.07.2013, signed by the petitioner and the third respondent as well as their respective counsels, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: Petitioner and 3rd Respondent are willing to live together in Chennai. Their son, seven years old boy is living with them, and the boy is admitted in II Std.in Nethaji Vidyalaya Private School at S.Kolathur near Kovilampakkam. Both of them stated that hereafter they will not fight with each other and they will live happily with the child, for the sake of the child, they will live together. Hence with this agreement, the matter ends successfully. Petitioner agreed to withdraw the complaint pending before the Inspector of Police, S10, Kartheesan Police Station, Chennai, against the 3rd Respondent." 6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 30.07.2013, this Habeas Corpus Petition is disposed of. The terms of the Mediation Agreement, dated 30.07.2013, shall form part of this order.