IMPORTANT POINT
Attaining majority entitles an individual to make her/his choice. Courts cannot assume role of parens patriae.

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 September this year and from the next year the children shall be sent for the entire period of vacation to live with the mother. This shall be arranged in the same manner and mode as envisaged by order dated 11th August, 2010.

The Special Leave Petition stands disposed of in view of the aforesaid settlement between the parties."

3. It is necessary to note here that Contempt Petition (Civil) No. 223/2012 was filed, wherein on 29.11.2012, the following order came to be passed:-

“Pursuant to the directions issued by us, the respondent herein has produced the children. We had a long discussion with the children and also the parents. The respondent herein, who is the father, makes a statement that he is ready and willing to send the children to India to prosecute their further studies after they finish their school course, namely, 9th standard and 2nd standard in Kuwait for a further period of 4 months. However, the petitioner says that in the interest of the children the custody of the children be handed over to her.

We have not yet made up our mind in this regard. For the present, we direct the respondent to file an appropriate undertaking before this court, firstly stating that he is ready and willing to send the children to India after they finish their school course, namely, 9th standard and 2nd standard some time in March, 2013. Secondly, he will also indicate whether the children should prosecute their further studies in India. Thirdly, whether he would financially support the children who would be with their mother and would be prosecuting their further studies in India.

List tomorrow (30.11.2012).”

4. Eventually, the contempt petition was disposed of with the following order:-

“Heard learned counsel for the parties to the lis.

Having carefully perused the records of the case, we are of the opinion that nothing survives in this contempt petition for our consideration and decision. Accordingly, the contempt petition is dismissed.

The respondent is directed to strictly comply with the earlier orders and directions issued by this Court without leaving any margin of error which may compel the petitioner to approach this Court once again with yet another contempt petition.

Ordered accordingly.”

5. It is contended by Mr. P.A. Noor Muhamed, learned counsel appearing for the petitioner-mother in Contempt Petition (Civil) No. 1606/2017 that the orders passed in SLP(C) No. 18761/2011 and the earlier contempt petition therein [Contempt Petition (Civil) No. 223/2012] have been seriously violated by the husband and, therefore, the Court should impose an adequate punishment.

6. When the present special leave petition and the contempt petition were listed, an issue arose, whether this Court could have an interaction or dialogue with the daughter of the petitioner-mother an