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

High Court of Kerala
The Kerala High Court. File Photo

Kochi: The Kerala High Court has issued a writ of habeas corpus for production of the minor children of a woman whose husband has flown to the US taking their two kids along with him without her knowledge or consent.

The court issued the writ after it was informed by the police that the man took the children from his wife's residence on February 6 without her consent and left for the US, where he works, via Chennai on the night of February 8.

The police also said that though the wife is also employed in the US, her passport has also been taken away by the husband when he left the country.

"In such circumstances, there is a wilful attempt on the part of the second respondent (husband) to take the children away and defeat the legal remedies of the petitioner (wife).

"We, hence, issue a Writ of Habeas Corpus to produce the children of the petitioner and second respondent aged 6 years and 3 years, before us on or before March 14, 2022," the court said.

It also impleaded the Ministry of Home Affairs for the purpose of serving notice in the petition and a copy of the order on the husband who resides in San Francisco, US.

The woman had moved the habeas corpus plea on February 7 a day after the kids were taken away and it was heard on February 9 by the court which on that date itself directed the police to enquire about the whereabouts of the minor children and file a report.

The court had also directed that if the minor children were traced out, "it shall be ensured that they are not taken out of the country or the state" and that the passport of the children shall be seized by the authorised officer and necessary intimation given to the Emigration Officials.

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