RACHEL YAMINI Vs. JOHN SAMUEL JAYACHANDRAN

JUDGEMENT

(1.) THE prayer in this petition is, for a direction to fourth respondent, to cause production of the body and person of Darrius Samuel John, minor, aged about three years, who is now under the illegal custody of first respondent, who is residing at Muscat, Sultante of Oman.

(2.) ACCORDING to the petitioner, she was married to John Samuel Jayachandran, first respondent herein, on 24. 08. 2001. On 21. 04. 2002, she gave birth to a male child, who was named as Darrius Samuel John. Her husband/first respondent got a job in a Government Hospital at Muscat and left India in January, 2003 and, thereafter, he came to India on 12. 01. 2005, for attending his relative's marriage. When her mother asked her mother-in-law as to when she would be taken to Muscat, her mother-in-law told that there was no chance of her joining with the husband. On 02. 02. 2005, when she woke up from the bed, she was shocked to see that her child was missing. She came to know that her mother-in-law and husband took the child to a hospital, saying that she had administered poison to the child and also taken sleeping tablets, for committing suicide. Sometime later, she came to know, that on 10. 03. 2005, her husband had left to Muscat, along with the child. Hence, she has come forward with this Habeas Corpus Petition, to direct the first respondent, who is at Muscat, to produce the child.

(3.) WHEN this matter had come up before this Court on 29. 03. 2005, we questioned the learned counsel for the petitioner, whether this Habeas Corpus Petition is maintainable, when the child is in the custody of father, who is at Muscat. With regard to that, the learned counsel wanted time to produce some citations. Accordingly, the matter was adjourned. Again, when the matter came up for hearing on 06. 04. 2005, the learned counsel would cite AIR 1964 SUPREME COURT 1625 (MOHD. IKRAM HUSSAIN V. STATE OF U. P. AND OTHERS); AIR 1973 SUPREME COURT 2684 (KANU SANYAL V. DISTRICT MAGISTRATE, DARJEELING, AND OTHERS) and AIR 1982 SUPREME COURT 792 (VEENA KAPOOR V. VARINDER KUMAR ).