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2012 Supreme(Del) 1011

MANMOHAN SINGH
Richard Fernandes – Appellant
Versus
Laila Kabir Fernandes – Respondent


Advocates Appeared:
For the Appellants:Akshay Makhija, with Ms. Sanjugeeta, Ms. Mahima Bahl & Vikas Bhadauria Advocates.
For the Respondents:Ms. Meenakshi Lekhi, with Ms. Priti Goswami & Ms. Srishti Saxena, for Colin Gonsalves, Sr. with Ms. Sveltana Corriya, Advocates.

Judgment :

MANMOHAN SINGH, J

1. The four plaintiffs, namely, Richard Fernandes, Aloysious Fernandes, Michael Fernandes and Paul Fernandes who are the brothers of Mr. George Fernandes, have filed the suit for permanent and mandatory injunction against the two defendants, namely, Laila Kabir Fernandes – wife and Mr. Sean Fernandes – son, of George Fernandes, inter-alia seeking their right to have unrestricted and complete access to Mr. George Fernandes and to meet, communicate, care and monitor/supervise the medical treatment being provided to him and also for restraining the defendants from taking Mr. George Fernandes outside the territorial borders of India and further for commanding the defendants to take Mr. George Fernandes back to his own house, i.e. 3, Krishna Menon Marg, New Delhi.

2. By order dated 16.03.2010 the defendants were restrained from taking Mr. George Fernandes outside the territorial jurisdiction of this Court without the permission of the Court. The issues were framed on 23.09.2010. The evidence of PW-1 Mr. Richard Fernandes was filed. However, he was partly cross-examined by the defendants’ counsel.

3. In the meanwhile, the plaintiffs have filed the present appl
























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