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2004 Supreme(Ker) 161

J.M.JAMES, K.A.ABDUL GAFOOR
Eugenia Archetti Abdullah – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The petitioner is a U.S. citizen. She has approached this Court with this Writ Petition seeking to issue a writ of Habeas Corpus or any other writ or direction commanding respondents 2 to 4 to produce two infants named Roshan and Nishant before this Court and to handover their custody with their passports to the petitioner, their mother.

2. According to her, herself and 2nd respondent Jamshed Ahamed Abdullah got married while in United States. Thereafter, both of them went to Behrain in connection with the employment of the latter. While in Behrain she gave birth to the said two children, twins. Because of the shift of his employment, they went back to the State of Texas in United States and settled there. According to the petitioner, their married life was not happy, as there was domestic violence from the part of the 2nd respondent. This resulted in a criminal case. Finally, the matter was patched up. Unfortunately, the second respondent lost his employment in Texas. He had to seek another employment. Anyhow, both of them with their children, visited India and came to Kozhikode where the second respondent did have his roots. While so, according to

































































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