LAWS(KER)-2012-7-599

PRABHAVATHY K Vs. DIRECTOR GENERAL OF POLICE

Decided On July 06, 2012
Prabhavathy K Appellant
V/S
DIRECTOR GENERAL OF POLICE Respondents

JUDGEMENT

(1.) The question which arises for consideration in this Writ Petition is whether the report submitted by the mediator is liable to be declared illegal and void and whether the report can be removed from the file by destruction. Though the Writ Petition is filed for the issue of Habeas Corpus directing the respondents to produce Anitha and Akshay (the daughter and grandson of the petitioner) before Court, that question does not survive for consideration since the learned counsel for the petitioner submitted that the petitioner is at present satisfied that her daughter Anitha and grandson Akshay are safe and their whereabouts are known to the petitioner.

(2.) In an earlier round of litigation where Anitha's husband and his parents filed O.P. (F.C.) No. 2219 of 2011, a mediation settlement was arrived at between the parties and a compromise petition was filed before Court. As per the terms of settlement, the parties agreed as to what should be done to ensure the welfare and well-being of Anitha and Akshay. In terms of the settlement, Anitha started living in the house of the petitioner. After a few months, she went to Doha to join her husband. Akshay was also taken with her. Thereafter, Akshay was brought back by the fifth respondent, father-in-law of Anitha. The present Writ Petition arose in that context.

(3.) The learned counsel for the petitioner submitted that the petitioner came to know that Akshay is safe for the present in the house of the fifth respondent. Therefore, the counsel submitted that no relief is required as per the original relief prayed for in the Writ Petition.