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2014 DIGILAW 2694 (MAD)

Gandhimathi v. Inspector of Police

2014-08-18

P.N.PRAKASH, S.RAJESWARAN

body2014
JUDGMENT S. RAJESWARAN, J. 1. It is a case of the mother wanting her daughter to be secured from the illegal custody of the third respondent herein and produced before this Court and set her at liberty. 2. On 14.8.2014, at the intervention of the Superintendent of Police, Cuddalore, Mrs. Radhika, IPS, the detenue was secured and produced before this Court along with the fourth respondent herein. The petitioner, the mother of the detenue and the children viz. two major daughters and one son were all present before this Court. On enquiry, the detenue was adamant that she would not go along with anybody, excepting the fourth respondent herein with whom she had been living. Whereas the mother and her children wanted the detenue to come along with them. But it was bluntly refused by her. Since there was an emotional drama before the Court on that day, we directed the matter to be placed before the Tamil Nadu Mediation and Conciliation Centre attached to this Court. Accordingly, the parties appeared before the Medication and Conciliation Centre and the learned Mediator held the mediation on that day, but, unfortunately, a failure report has been sent to this Court, as the detenue was adamant and insisting up on going along with the fourth respondent only and not with anybody else. The report of the Tamil Nadu Mediation and Conciliation Centre dated 14.8.2014 received today is taken on file. 3. The detenue is before this Court along with the mother, the petitioner and the two children. Even today, she has been reiterating that she would go only along with the fourth respondent and not with anybody else. The fourth respondent is present before this Court today. 4. The learned counsel for the petitioner would submit that she is suffering from mental disorder and she needs to be treated by an Expert. But the detenue denies that. 5. Since the detenue is aged about 44 years and she is willing to be alone, away from her own family, to have mental solace and peace, this Court is left with no option excepting to setting her at liberty to be in her own. The detenue further added that if she is compelled to go along with the petitioner, she may commit suicide and end her life. 6. The detenue further added that if she is compelled to go along with the petitioner, she may commit suicide and end her life. 6. In the light of the Report of the Tamil Nadu Mediation and Conciliation Centre, dated 14.8.2014, we are not inclined to accept the request of the petitioner, except to close the petition. Therefore, this petition is closed, setting the detenue at liberty to be on her own. The fourth respondent is also present before this Court. 7. This Court places on record its appreciation for the best efforts taken by Mrs. Radhika, IPS, the Superintendent of Police, Cuddalore, the Inspector of Police, Guduvanchery Police Station and the Woman Head Constable of the Guduvanchery Police Station in securing the detenue who could not be secured for long.