JUMAILA Vs. ABDUL GAFOOR

JUDGEMENT

(1.) The travails of a discarded wife to secure the custody of her two male children from her husband who has forcibly taken them away and across the borders of our country to Jeddah in Saudi Arabia form the subject - matter of this writ petition. The Family Court, Malappuram, has decided that the wife should have the custody of her children. Warrants of arrest have been issued by competent Criminal Courts against the first respondent. His passport has been impounded but, the efforts to deport him to our country have failed, at least for the moment, for the reason that he enjoys the patronage of an obliging employer at Saudi Arabia.

(2.) The petitioner, Jumaila is the mother of Mohammed Salman aged 12 years and Murad aged 4' years. She has filed this writ petition seeking the issue of a writ of Habeas Corpus dire--ting respondents 2 to 4 to produce her minor children from the illegal custody of the first respondent. The first respondent, Mr. Abdul Gafoor is the father of the children. The second respondent is his mother.

(3.) The marriage between the petitioner and the first respondent took place on 03/04/1996 according to Islamic rites. Thereafter, the spouses lived together. The two children referred to above were born out of the wedlock. According to the petitioner, respondents 1 and 2 along with Smt. Fousiya, sister of the first respondent used to harass the petitioner demanding gold and dowry. She was also blamed for not being pretty. The first respondent was working at Jeddah in Saudi Arabia. Therefore, during May 2007 the petitioner and the children were taken to Jeddah. It is the allegation of the petitioner that even at Jeddah the first respondent used to manhandle and harass the petitioner, at the instance of his mother and sister. According to her, after consuming alcohol the first respondent used to assault her brutally. When the torture became intolerable, at the intervention of the officials of the Indian Embassy at Jeddah, the petitioner and the children were sent back to India during October, 2007. After reaching India the petitioner complained to the Police and on the basis of her complaint, the Police registered Crime No. 345/2008 under S.498A of the Indian Penal Code against respondents 1 and 2 and Smt. Fousiya mentioned above. The case against the first respondent / husband is still pending before the Judicial Magistrate's Court, Nilambur.