Kerala High Court
Semeena S vs The Union Of India on 31 May, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
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 -
110011
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 -
695001
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:
2
W.P.(Crl.)No.265 of 2024
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
17/01/2020 OF DEPARTMENT OF LEGAL AFFAIRS
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
26/12/2019 issued by the Federal Authority
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
