AISHA RAHMAN ALI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner is the mother of the detenu-children, while second respondent is her husband. They have two minor children, namely Jainab, aged about 3 years and Jawveria, aged about 1 year. By way of this petition, the petitioner seeks production of the detenu-minor children.

(2.) We have heard learned counsel for the petitioner, learned Additional Public Prosecutor appearing for first respondent as also learned counsel for second respondent.

(3.) It is alleged that the marriage between petitioner and second respondent was solmenised on 21.12.2008 at Dubai and registered at Personal Status Court, Dubai. After marriage, they lived jointly at Australia. Out of their wedlock, the first detenu-child was born on 31.08.2010 at Mercy Hospital for Women, Heidelberg and the second detenu-child was born at Ganga Hospital, Coimbatore on 06.06.2012. The Government Kazhi, Karur, granted divorce to them on 22.01.2013 and further ordered second respondent to provide expenses of the petitioner and the two detenu-children during the separation period from 06.01.2012 to 11.01.2013 and a settlement amount of Rs.7,50,000/-, on or before 24.01.2013. It is contended by the petitioner that she was forced to sign papers which were written in Tamil. Though her place of birth is Coimbatore, she was brought up at Australia and cannot read or write Tamil. On 22.01.2013, second respondent kidnapped petitioner's daughters, namely the detenu-children and immediately, she contacted her relatives to rescue her daughters. In the meantime, she went to Dubai. On 22.07.2013, petitioner lodged a complaint against second respondent to first respondent-Police, who have not taken action and hence, the present petition.