(1.) This writ petition has been filed seeking for a direction to respondents 1 and 2 to produce the person Sonam Gerry, the daughter of the petitioner, before this Court. It is alleged that the petitioner is the mother of Sonam Gerry, who has completed 18 years on 19/9/2016. According to the petitioner, she is under the illegal custody of the 1 st respondent in Kuwait.
(2.) Counter affidavit has been filed by the 1 st respondent along with the affidavit of the detenue inter alia stating that the 1st respondent is the father and the detenue is doing her schooling in Kuwait from LKG onwards till 12th Standard. Now, she has joined for B.A. Sociology in Kuwait and is with her father. In the affidavit filed by the detenue, which is produced as Ext.R1(f), it is stated that when she had come to know about the filing of the writ petition, she had told her mother not to do so and that she is staying with her father with her own consent since she wanted to pursue her studies in Kuwait. It is also stated that from 18 th July, 2016, she is doing the internship at HUAWEI TECHNOLOGIES KUWAIT CO W.L.L. in the legal department and certificate confirming the same is given to her father for producing before this Court. This affidavit is attested by the Counsular Officer, Embassy of India, Kuwait.
(3.) Having regard to the aforesaid factual situation, we do not feel that this is a case of illegally detaining the detenue at Kuwait, which is also outside the territorial jurisdiction of this Court. She had filed an affidavit along with the affidavit of the 1 st respondent, who is the father.