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2006 Supreme(Bom) 314

R.M.S.KHANDEPARKAR, N.A.BRITTO
Mandy Jane Collins – Appellant
Versus
James Michael Collins – Respondent


Advocates appeared
Shri. ANIL MALHOTRA, for the Petitioner.
Sarvasri M.S. USGAONKAR, Sr. Advocate, with S.G. BHOBE for the Respondent No.1.
Shri. S. N. SARDESSAI, Public Prosecutor, for the Respondent No.2.

R. M. S. KHANDEPARKAR, J.:- Heard. By the present petition, the petitioner is seeking issuance of writ in the nature of habeas corpus for production, release and return of her minor daughter by name Ella Karina Collins from the respondent No.1, in order to enable the petitioner to take her to Ireland.

2. It is the case of the petitioner that the petitioner is a permanent resident of Ireland and a British citizen holding a permanent passport of the United Kingdom. She arrived in India on 18-9-2005 specifically to seek the custody, care and control of her minor daughter Ella, who is aged about 8 years and who is presently at House No.1784, Mazalvaddo, Anjuna, Bardez, Goa, with her father. The petitioner was married to the respondent No.1 on 6-6-1996 and Ella was born on 5-7-1997 in England and she is also a British national. The respondent No.1 is from the United States of America. It is her further case that Ella started her preliminary education at Coars National School in Ireland. The petitioner is employed as an English teacher and is a permanent resident of Ireland. The respondent No.1 owned a house in Washington State where he used to reside and had his business in Seattle, U.S.






















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