(1.) THE marriage between the petitioner and the second respondent took place on 5.3.1998. It is stated that it was a love marriage. A daughter was born in that wedlock. She is Lakshmi, now aged 12 years.
(2.) ACCORDING to the petitioner, since her husband was having financial difficulties, she was sent to United States of America on a Visa which had currency only for six months. She worked in the United States of America as a maid servant. Even after the expiry of six months, she was compelled to work there in various capacities. She has suffered a lot. She made money and sent `38 lakhs to the second respondent. Certain properties were purchased using the money sent by the petitioner. The second respondent, however, mortgaged those properties, without the permission of the petitioner. The petitioner has narrated the miseries she had to undergo during her stay in the United States of America. It is stated that she is suffering from cancer. Ultimately, she came to India. She was not allowed to see her daughter. It is alleged that the second respondent is living with the first respondent (Valsala @ Ambili). It is also alleged by the petitioner that the second respondent told her that he had obtained an exparte decree of divorce dissolving the marriage between the petitioner and the second respondent.
(3.) THE allegations and counter allegations in the Writ Petition (Criminal), counter affidavit and reply affidavit would disclose that there is a dispute between the petitioner and the second respondent regarding the custody of Lakshmi. That is a matter to be resolved before the Family Court. THE minor Lakshmi is with her father. It cannot be said that Lakshmi is in illegal custody, on the basis of the materials available in the case. Reserving the right of the petitioner to move the appropriate forum, the Writ Petition (Criminal) is closed.