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Judgment
K. Kalyanasundaram, J
The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to secure her grandson, namely, Minor.V.Thirukrish, son of Late.S.Vignesh, aged about 3 years and 2 months, from the illegal custody of the respondents 3 and 4, produce him before this Court and hand over his custody with her.
The petitioner is the grandmother of the detenu Thirukrish. The petitioner would state that the third respondent married her son and through whom, she delivered the detenu on 22.12.2017. However, unfortunately, the petitioner's son died in an accident on 12.03.2018. In M.C.O.P.No.418 of 2018, compensation was awarded to the petitioner, third respondent and the detenu. The petitioner would further state that she has filed G.W.O.P.No.75 of 2020, before the I Additional District Court, Madurai, seeking permanent custody of the detenu and after filing of an interlocutory application in the said Guardian and Wards Original Petition for visitation right, the respondents 3 and 4 along with the detenu are found missing. Apprehending danger to the detenu at the hands of the respondents 3 and 4, the petitioner has filed this habeas corpus petition.
When the matter is taken up for hearing, the third respondent along with her son / detenu herein appeared before this Court through Video Conferencing, represented by a counsel Mr.T.Balaji. On enquiry, the third respondent would state that she is now residing with the fourth respondent just 50 Meters away from the house of the petitioner and she denied the allegation of the petitioner that after filing of an interim application in the G.W.O.P., she and her husband / fourth respondent herein have absconded from the place.
In the light of the above statement of the third respondent, we find no merit in this habeas corpus petition and the same is therefore dismissed. However, the petitioner is at liberty to workout her remedy in the pending Guardan and Wards Original Petition before the I Additional District Court, Madurai, in the manner known to law.
At this juncture, the learned counsel for the petitioner and the learned counsel for the third respondent have agreed to refer the parties to the Mediation and Conciliation Centre attached to the District Court, Madurai, to settle the dispute. Hence, the petitioner and the third respondent are directed to appear before the Mediation and Conciliation Centre attached to the District Court, Madurai, on 19.03.2021, without fail, to explore the possibility of settlement.