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Judgment
S. Nagamuthu, J.—The petitioner is the husband of one Vijaya Reka, aged 24 years. They have a child by name Haran Dev, aged 1 1/2 years. According to the petitioner, they have been illegally detained by the respondents 3 and 4, who are the parents of Vijaya Reka. In this regard, the petitioner has given a complaint to the police, but of no avail. Therefore, he has come up with this Habeas Corpus Petition seeking a direction to the respondents 1 and 2 to secure his wife and the child and to set them at liberty. When this matter came up before this Court on 25.11.2011, both the detenus, namely, Vijaya Reka and her child Haran Dev, were produced before this Court. The respondents 3 and 4 were also present. The petitioner was also present. After enquiring the detenue, this Court passed the following order:
On enquiries, the detenue would state that on her own volition, now she is staying with her parents, namely, respondents 3 & 4, along with her child and as such, there is no illegal detention.
Learned counsel for the petitioner would submit that the petitioner is willing to take his wife and son into the matrimonial home. To enable them to come to a settlement, he would request this Court to refer this matter to mediation. Learned counsel for respondents 3 & 4 also would suggest that it is a fit case for mediation.
In such view of the matter, by means of private talks, to enable them to talk outside the Court and settle the dispute, the matter is adjourned to 28.11.2011.
Post this matter on 28.11.2011.
Today, the detenue is present, along with her child. Her father is also present. The petitioner is also present. They are represented by their respective counsel.
It is submitted by the learned counsel for the petitioner that as per the compromise reached between the parties, the petitioner has agreed to set up a separate family along with the detenue at Sri villiputhur. As a matter of fact, he has found a house and he is prepared to take back the detenue with him. The detenue Vijaya Reka would submit that she would go and live with him only from the Tamil Month "Thai" of this year. The said statement is recorded. The father of the detenue would submit that he is willing to send his daughter to lead matrimonial life with the petitioner. The said statement is also recorded. In view of the above, the Habeas Corpus Petition is closed with liberty to the detenue Vijaya Reka to start living with the petitioner, from the fourth week of January 2012. The petitioner will be at liberty to take back the detenue. If the detenue fails to join the petitioner, the petitioner can very well work out his remedy in the manner known to law.