GREESHMA N. Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The petitioner herein is the wife of 3rd respondent. She is approaching this court seeking a writ of Habeas Corpus for directing production of the corpus of her son Adithya Dev, based on allegations that, the 3 rd respondent is keeping the child under illegal confinement.

(2.) Averments are to the effect that, the petitioner and the 3rd respondent are living separated due to matrimonial disharmony since the last one year. The 3 rd respondent is not taking care of the petitioner or the child and is not providing anything to maintain them. On 7.6.2018 the 3 rd respondent took custody of the child from the parental house of the petitioner, where she was residing, from the mother of the petitioner. Despite promise made to return the child within few days, the 3rd respondent failed to do so. Even though the petitioner attempted to visit the child at the residence of the

(3.) rd respondent, on 11.6.2018, she was not permitted to see the child. Hence the petitioner lodged a complaint before the police, on 12.6.2018. It is alleging that the police authorities are not taking any appropriate steps to hand over custody of the child to the petitioner, the above writ petition is filed. 3. Pursuant to notice issued from this Court, the 3 rd respondent appeared and produced the child on 21.6.2018. At the intervention of this court, a mediator was appointed to make an attempt to resolve the matrimonial disputes. It was informed that on 22.6.2018, the parties have arrived at a consensus to rejoin in matrimony. Accordingly the petitioner had resided in the house of the 3 rd respondent along with the child. But the reunion was short living and the petitioner had left the house of the 3rd respondent along with the child on 24.6.2018.