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2018 Supreme(SC) 7

DIPAK MISHRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
SONI GERRY – Appellant
Versus
GERRY DOUGLAS – Respondent


Advocates Appeared:
For Petitioner: P. A. Noor Muhamed, Ms. Giffara S., Advs.
For Respondent: P.V. Dinesh, Rajesh P., Pranay Ranjan, Rajiv Nanda, B. V. Balaram Das, Advs.
For intervenor : Tejaswi Kumar Pradhan, S.K. Bandhopadhaya, Advs.

ORDER

1. The petitioner had preferred a habeas corpus petition before the High Court of Kerala for issuance of an appropriate direction to produce her daughter in the Court, to which the High Court did not accede. The reason for not acceding to the request by the High Court was that the daughter had completed 18 years of age on 19.9.2016. The contention advanced by the mother that she was in illegal custody of the first respondent, the husband, in Kuwait, was not accepted by the Division Bench of the High Court. It came to a categorical conclusion that there had been no illegal detention of the daughter at Kuwait and, therefore, the prayer for habeas corpus was not sustainable.

2. During the pendency of SLP(Crl.) No. 6237/2017, Contempt Petition (Civil) No. 1606/2017 was filed, alleging that the orders passed by this Court in SLP(C) No. 18761/2011 had been blatantly violated by the husband-contemnor. To appreciate the contentions raised in the contempt petition, it is necessary to refer to the order dated 5.8.2011 passed in the said special leave petition, which is to the following effect:-

“Parties have agreed that both the children shall be sent to India from 20th August to 11th Se























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