Father takes children to US without mother’s consent, Kerala HC intervenes

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Kochi: The Kerala High Court has issued a writ of habeas corpus for the production of the minor children of a woman whose husband flew to the United States taking their two children with him without his knowledge or without his consent.

The court issued the writ after being informed by the police that the man had taken the children from his wife’s residence on February 6 without her consent and had left for the United States, where he works, via Chennai in the night of February 8.

Police also said that although the woman was also employed in the United States, her passport was also confiscated by the husband when he left the country.

“In such circumstances, there is a deliberate attempt on the part of the second defendant (husband) to abduct the children and defeat the legal remedies of the applicant (wife).

“We therefore issue a writ of habeas corpus to produce the children of the petitioner and the second defendant aged 6 and 3, before us no later than March 14, 2022,” the court said.

He also implicated the Department of the Interior to serve notice in the petition and a copy of the order on the husband who resides in San Francisco, United States.

The woman had filed the habeas corpus plea on February 7 a day after the children were taken away and it was heard on February 9 by the court which on that date itself ordered the police to investigate on the fate of minor children and to file a report. .

The court had also ordered that if the minor children were found, “care must be taken that they are not taken out of the country or state” and that the children’s passports be seized by the authorized officer and that the necessary information is given to emigration officials.

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