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2015 Supreme(Ker) 666

C.K.ABDUL REHIM, K.RAMAKRISHNAN
DIVYA – Appellant
Versus
CITY POLICE COMMISSIONER – Respondent


Advocates Appeared:
For the Petitioners: SRI. T.M. RAMAN KARTHA, SRI. MANJU R. KARTHA
For the Respondents: SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL

JUDGMENT :

Abdul Rehim, J.

The petitioner is the mother of the alleged detenue, Master. Hrishikesh Manojkumar, aged 4½ years, born out of her wedlock with the 3rd respondent. Marriage between the petitioner and the 3rd respondent was on 26.10.2009. After the marriage, the spouses lived together in Mumbai for sometime. The child was born at Mumbai on 23.12.2010. In August 2012, the 3rd respondent got an employment at Sharjah, UAE. Within three months thereof, the petitioner and the child were also taken to Sharjah on the strength of a family visa arranged by the 3rd respondent. Due to difference of opinion the petitioner and the 3rd respondent got separated on 29th March 2013. Since then the petitioner was staying along with her parents at Sharjah. It is alleged that the 3rd respondent took the child forcefully to India. It is alleged that the child was transported on a Passport of some other child. According to the petitioner, the original of the Passport, the 'UAE ID' and 'Insurance Card' of the child are in the custody of the petitioner. When the child was taken to India by the 3rd respondent, the petitioner along with her parents came back and had negotiations with him for getting







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