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2022 Supreme(Mad) 1328

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
A. Arulraj - Appellant
Versus
The Secretary, Ministry of Home Affairs, New Delhi & Others - Respondent
W.P.(MD) No. 4006 of 2022
Decided On : 17-03-2022

Advocates appeared:
For the Petitioner:A. Haja Mohideen, Advocate. For the Respondents: R1, R2 & R4, L. Victoria Gowri, Assistant Solicitor General, R3, R5 to R7, D. Sasikumar, Additional Government Pleader.

The court's decision prioritized the safety and well-being of the minor children and their mother in a custody dispute and harassment case.

Headnote:

Passport - Custody Dispute - Article 226 - [Passport, Custody Dispute] - [Article 226]

Fact of the Case:

The petitioner filed a Writ Petition seeking a Mandamus to secure the passports of the petitioner's grandchildren and permit them to move along with their mother from Saudi Arabia to India due to alleged harassment and custody dispute with the eighth respondent.

Finding of the Court:

The court found that the petitioner's daughter and her two minor children were unwilling to live with the eighth respondent due to continuous harassment and illicit relationships. The court decided to cancel the existing passports and re-issue them to the minor children to enable their return to India.

Issues: Custody dispute, harassment, passport custody, and the safety of the petitioner's daughter and her minor children.

Ratio Decidendi: The court's decision was based on the unwillingness of the minor children to live with the eighth respondent, the alleged harassment, and the need to ensure the safety and well-being of the petitioner's daughter and her minor children.

Final Decision: The court directed the cancellation of the existing passports and re-issuance to the minor children, along with instructions for their safe departure from Saudi Arabia to India.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to direct the fourth respondent to secure the passport of the petitioner's grandchildren, Minor.V.Marc Roshan S/o.Vino Raja Passport Number UOO43362 and Michelle Claire D/o.Vino Raja Passport Number UOO43153 from the eighth respondent and permit them to move along with their mother i.e., the petitioner's daughter Aruna Frank, Passport Number T6703693 and facilitate their smooth depart from Riyadh, Saudi Arabia to their home place at Nagercoil, Tamilnadu, India by considering the petitioner's representation dated 03.01.2022 and her daughter's representation dated 06.01.2022 through online within a period stipulated as prescribed by this Court.)

1. This Writ Petition has been filed for a Mandamus seeking for a direction to the fourth respondent to secure the passport of the petitioner's grandchildren, Minor.V.Marc Roshan S/o.Vino Raja Passport bearing No.UOO43362 and Minor.Michelle Claire D/o.Vino Raja Passport Number UOO43153 from the eighth respondent and permit them to move along with their mother i.e., the petitioner's daughter Aruna Frank, Passport No.T6703693 and facilitate their smooth departure from Riyadh, Saudi Arabia to their home place at Nagercoil, Tamilnadu, India, based on the petitioner's representation dated 03.01.2022 and the petitioner's daughter's representation, dated 06.01.2022 within a time frame to be fixed by this Court.

2. The case of the petitioner is that he is the father of Aruna Frank, who is a Doctor working at Dammam, Saudi Arabia. According to the petitioner, their native place is Nagercoil, Tamil Nadu. It is the case of the petitioner that Aruna Frank, his daughter, was married to Vino Raja, the eighth respondent and out of the said wedlock, they have got two children, both minors, named, Minor.V.Marc Roshan, having Passport bearing No.UOO43362 and Minor.Michelle Claire, having Passport bearing No.UOO43153 issued by the Government of India.

3. According to the petitioner, his daughter and his son-in-law, namely, the eighth respondent herein, are both Doctors and working in Saudi Arabia. Since 2009, the petitioner's daughter and her family have been living in Saudi Arabia. It is the case of the petitioner that his daughter, Aruna Frank has been physically assaulted by the eighth respondent and it is his case that the eighth respondent has been having illicit relationship with several women in Saudi Arabia and there has been verbal assault made on the petitioner's daughter frequently by the eighth respondent.

4. As seen from the affidavit filed in support of the Writ Petition, the allegations levelled against the eighth respondent are life threatening to the petitioner's daughter and her two minor children. In such circumstances, since it has become impossible for the petitioner's daughter and her two minor children to remain in Saudi Arabia due to the physical and mental harassment caused by the eighth respondent, the petitioner has filed this Writ Petition seeking for the relief sought for, as stated supra.

5. It is also the case of the petitioner that the eighth respondent had sought for custody of the two minor children before the Saudi Arabia Courts, which came to be rejected on 25.01.2022. The original passports pertaining to the two minor children, namely, Minor.V.Marc Roshan and Minor.Michelle Claire, are in the custody of the eighth respondent. Even though the petitioner's daughter and her two minor children want to leave Saudi Arabia immediately, the children are unable to leave Saudi Arabia, in view of the fact that the original passports are in the custody of the eighth respondent. It is also the contention of the petitioner that since the custody of the passports of the minor children are with the eighth respondent, the eighth respondent is further harassing the petitioner's daughter and his two minor children.

6. When the matter came up for ad

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