SHAHINA P T Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking for a direction to respondent Nos. 2, 3 and 6 to sieze the passport, the details of which are available in Ext.P4, from the illegal custody of respondent Nos.4 and 5 and to provide it to the petitioner after due enquiry and adjudication.

(2.) IT is averred in the writ petition that the passport of her son Master Zihan Irshad aged 21/2 years was detained illegally by respondent Nos.4 and 5. The petitioner was married to one Shri Irshad Ali in 2007. They have been residing in Abu Dhabi. The fourth respondent is the mother of the husband and the fifth respondent is the brother. IT appears that the marital tie ruptured on account of various discords. Ext.P2 is the copy of the birth certificate of the child. IT is averred in the writ petition that respondent Nos.4 and 5 forcibly took the child to India. Ext.P3 is the copy of the First Information Report in Crime No.8/2012 of Chavakkad Police Station registered at the instance of the petitioner alleging offences under Sections 406, 498A read with Section 34 of the Indian Penal Code.

(3.) LEARNED counsel for the petitioner submitted that pursuant to the said interim order, the passport has been surrendered to the Embassy of Abu Dhabi and from there it has been now sent to the Passport Office at Kochi. It is further submitted that the petitioner has filed an application to release the passport to the petitioner but the sixth respondent has not taken any action in the matter so far.