Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V & THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 WP(CRL.) NO. 265 OF 2024 PETITIONER/S: SEMEENA S, AGED 34 YEARS, D/O.SAINUDEEN, PANAYIL VEEDU AIRAKKUZHI., MANKODU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN - 691559 BY ADVS. ABDUL JAWAD K. A.GRANCY JOSE RESPONDENT/S:
1 THE UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN - 2 THE CONSULATE GENERAL OF INDIA, INDIAN EMBASSY DUBAI, AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O BOX.737, DUBAI UNITED ARAB EMIRATES, PIN - 110011 3 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 4 THE STATE POLICE CHIEF, KERALA POLICE HQ,CV RAMAN PILLAI ROAD,VELLAYAMBALAM,THIRUVANANTHAPURAM,PIN-695010 5 THE DISTRICT POLICE CHIEF, KOLLAM ( RURAL) LINK ROAD, ASRAMAM, KOLLAM, PIN - 691001 6 THE STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 7 SHAMEER AMANULLA, AGED 41 YEARS, S/O. AMANULLA, SUBHANA MANZIL, MADANNADA, CHADAYAMANGALAM P.O, KOLLAM DISTRICT - 691 534. (PASSPORT NO.K2741235, EMRATES ID.784-1982-8246521-4, PRESENTLY RESIDING AT FLAT UNIT NO.303, FLOOR 3, DISTRICT - LIWARA 1, CITY CENTRE SECTOR, AJMAN, MOBILE NO.0508365835)., PIN - 691534 8 SUDHEER, S/O. AMANULLA, SUBHANA MANZIL, MADANNADA, CHADAYAMANGALAM P.O, KOLLAM DISTRICT, PIN - 691534 9 SULFIKKAR AMANULLA, S/O. AMANULLA, SUBHANA MANZIL, MADANNADA, CHADAYAMANGALAM P.O, KOLLAM DISTRICT,PIN-691534 BY ADVS.ADVOCATE GENERAL OFFICE KERALA Alexander George,DIRECTOR GENERAL OF PROSECUTION(AG-10) SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. () THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner is the former wife of the 7th respondent. They have a daughter, who is now 8 years of age. She has approached this Court contending that her daughter is being illegally detained by the 7th respondent. It is on these assertion that this writ petition is filed seeking the following reliefs: “I) To issue a writ of habeas corpus to the respondents 7 to 9 to produce the body of Nehma Beegum.S forthwith before this Hon’ble Court and to release her from the illegal detention. II) To issue a writ of mandamus or any other appropriate writ or
order or direction directing the respondents 1 to 6 to trace out
the detenu and to produce her before this Hon’ble Court for the purpose of issuing appropriate direction in the matter. III) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st and 2nd respondents to take coercive steps against the 7th respondents such as impounding passport of the 7th respondent for illegally detaining the detenu at abroad without producing her before the Family Court. IV) To issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents 1 to 6 to take steps for securing the presence of the 7th respondent in India along with the detenu by way of extradition or otherwise. V) To dispense with production of the translation of documents in vernacular language; And VI) Issue any such other writ order or direction as this Hon’ble Court deem fit in the interest of justice.”
2. A counter affidavit has been filed by respondents 7 to 9. It
is stated that the 7th respondent is a permanent resident in the State of Ajman in the United Arab Emirates and he is staying with his minor girl child. The child is pursuing her education at Ajman. It is stated that the Ajman Sharjah Court had passed Ext.P3 order, which was later modified by the same Court by Ext.R8 (a) order. It is further submitted that the custody of the child by the father is not illegal and therefore, this writ petition is not maintainable.
3. We find that the mother filed O.P.(G & W)No.17 of 2020
before the Family Court, Kottarakkara. The Family Court, by orders dated 11.04.2023 and 25.05.2023 had issued directions to the respondent herein to produce the child before the Family Court. It appears that the aforesaid directions have not been complied with.
4. Before us, the learned counsel appearing for the respondent
submitted that the school will be closing down on 13th of July, 2024 and the respondent has already booked a ticket to come to India on 21st of July. He states that he will be in India till 31st of July, 2024. It is stated that as and when he comes down, he shall appear before the Family Court so that the Family Court can appreciate the facts and circumstances and take appropriate decisions.
5. We have considered the submissions advanced. We find that
the child is with the father and she is studying in Ajman. The school is closing down on 13th of July. Respondent has already undertaken that he shall come down in India on 21st of July and he will be in India till 31st July and that during that period he shall appear before the Family Court.
6. In that view of the matter, this petition is disposed of by
holding that the custody of the minor child is not illegal. However, I record the submission of the learned counsel appearing for the respondent that the respondent shall appear before the Family Court, Kottarakkara on 23rd of July, 2024 and produce the child as ordered by the court. sd/- RAJA VIJAYARAGHAVAN V JUDGE sd/- P.M.MANOJ JUDGE das APPENDIX OF WP(CRL.) 265/2024 PETITIONER EXHIBITS Exhibit - P1 A TRUE COPY OF THE BIRTH CERTIFICATE ISSUED ON 06/02/2020 OF THE DETENU Exhibit - P2 A TRUE COPY OF THE PASSPORT NO.784-2015-9413869-1 OF THE DETENU Exhibit - P3 A TRUE COPY OF THE CERTIFIED ENGLISH TRANSLATION OF THE ORDER DATED 17/10/2019 IN CASE NO.171/2019 OF THE AJMAN SHARIA COURT OF U.A.E Exhibit - P4 A TRUE COPY OF THE NOTIFICATION DATED UNDER THE MINISTRY OF LAW AND JUSTICE OF THE CENTRAL GOVERNMENT PUBLISHED IN THE GAZETTE OF INDIA Exhibit - P5 A TRUE COPY OF THE PETITION DATED 11/02/2020 SUBMITTED IN O.P (G&W).NO.17/2020 ON THE FILE OF FAMILY COURT, KOTTARAKKARA Exhibit - P6 A TRUE COPY OF THE ORDER DATED 11/04/2023 IN I.A.NO.1/2020 IN O.P (G&W).17/2020 ON THE FILE OF FAMILY COURT, KOTTARAKKARA Exhibit - P7 A TRUE COPY OF THE ORDER DATED 25/05/2023 IN I.A.NO.1/2020 IN O.P (G&W).17/2020 ON THE FILE OF FAMILY COURT, KOTTARAKKARA Exhibit - P8 A TRUE COPY OF THE ORDER DATED 06/07/2023 IN I.A.NO.1/2020 IN O.P (G&W).17/2020 ON THE FILE OF FAMILY COURT, KOTTARAKKARA Exhibit - P9 A TRUE COPY OF THE OBJECTION DATED 07/09/2020 FILED BY THE 7TH RESPONDENT THROUGH HIS POWER OF ATTORNEY HOLDER RESPONDENT EXHIBITS Ext.R8(a) The true copy of the order passed by the Ajman Court dated 8.11.2020 in the Suit No.AJCFISHPAF2020/0000142/Personal status Ext.R8(b) The true copy of visa issued by the UAE dated 21.2.2020 PETITIONER EXHIBITS Ext.P10 A true copy of the order of the UAE Judicial
Department dated 17/12/2018 directing handing over of the passport of the petitioner along with the English Translation Ext.P11 A true copy of the cancellation of visa dated For Identity and Citizenship, UAE Ext.P12 A true copy of the residence visa of the petitioner issued by the United Arab Emirates, Ajman Ext.P13 A true copy of the relevant pages of passport showing her arrival in India on 31/12/2019 at Airport, Thiruvananthapuram