Dismissed

Mariyam Beevi, v. Union of India

Kerala HC16 Jun 2022WP(C)/3900/2022

Case brief

AI extract

What is this about?

The petitioner sought government aid to retrieve her children from her husband in Yemen after obtaining custody in Saudi Arabia. The Court held that the matter involves a marital dispute and the petitioner, now in India, does not qualify as an overseas Indian in distress, thus refusing directions to the embassies.

What did the court decide?

Directions to the Embassies of India at Yemen and Saudi Arabia to track down and bring back the petitioner's children were refused.

Mariyam Beevi, Vs Union of India — Child Custody and Guardianship | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 16TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944
WP(C) NO. 3900 OF 2022

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PETITIONER/S:

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MARIYAM BEEVI,
AGED 35 YEARS
VALIYAVEETTIL, CHUNDALEVAYAI, CHUNDALE P.O., WAYANAD-
673 123.
BY ADVS.
JOSE ABRAHAM
MURALEEDHARAN R.
E.ADITHYAN
MANAS P HAMEED

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RESPONDENT/S:

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1UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D, JANPATH, NEW
DELHI-110 011.

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2THE INDIAN AMBASSADOR,
EMBASSY OF INDIA, STATE OF YEMEN, SANA, YEMEN, POST BOX
NO.1154.
BY ADVS.
N.J.ASHWIN
N.J.ASHWIN

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OTHER PRESENT:

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ASGI S. MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3900 OF 2022

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JUDGMENT

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Dated this the 16^th day of June, 2022

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The petitioner, an Indian citizen, had married a Sri Lankan national and resided at Saudi Arabia. Two children were born in the wedlock. Later, there arose marital discord among spouses. Thereupon the petitioner approached the Court at Saudi Arabia and obtained custody of the children. Violating the Court order, her husband forcefully took away the children to Yemen. The petitioner is seeking the aid of the Government of India through the Indian embassy at Saudi Arabia to track down and bring back her children.

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2.Learned counsel for the petitioner submitted that the Government of India has various schemes for providing help to the Indian citizens abroad and is even otherwise bound to track down the petitioner’s children and bring them back to India, where the petitioner is now residing. Reliance is placed on Ext.P6 judgment, where reference is made to the Indian Community Welfare Fund (ICWF) aimed at assisting overseas Indian nationals in times of distance and emergency. Learned

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WP(C) NO. 3900 OF 2022

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CGC points out that, even in Ext.P6 judgment, what is stated is that the petitioners therein will be at liberty seek relief under the Schemes formulated by the Government of India. The ICWF provides assistance to Indian nationals abroad in three key areas;

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1)Assisting Overseas Indian Nationals in distress situations

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Support for community welfare activities

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Improvement in consular services.

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3.Herein, the petitioner is seeking the enforcement of an order passed by the Saudi Arabian Court regarding custody of her children by bringing back the children from the custody of their father in Yemen. It is pertinent to note that the petitioner is now residing in India. She cannot therefore be termed as an Overseas Indian national in distress. Moreover relief that is being sought with respect to a marital dispute between the petitioner and her husband.

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For the above reasons, the directions sought for cannot be issued. Needless to say that if the petitioners children are Indian citizens and found to be in distress, necessary aid shall

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WP(C) NO. 3900 OF 2022

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be provided by the Embassies of India at Yemen and Saudi

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Arabia.

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This writ petition is closed accordingly.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 3900 OF 2022

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APPENDIX OF WP(C) 3900/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF CERTIFICATE OF MARRIAGE ISSUED
BY THE SECRETARY, SUNNI MAHALLU FEDERATION,
WAYANAD.
Exhibit P2PHOTOCOPY OF INDIAN PASSPORT BEARING
NO.M0161076 OF MEER LEBBE YAHIYA.
Exhibit P3PHOTOCOPY OF INDIAN PASSPORT BEARING
NO.M5334095 OF DAANA MEER LEBBE YAHIYA.
Exhibit P4TRANSLATED VERSION OF THE JUDGMENT IN LAW
SUIT REGISTERED WITH NO.411282665 PASSED BY
THE PERSONAL STATUS COURT IN RIYADH, FIFTH
PERSONAL STATUS COURT DEPARTMENT.
Exhibit P5TRUE COPY OF REPRESENTATION DATED 24.08.2021
FILED BY THE PETITIONER BEFORE THE
RESPONDENT.
Exhibit P6TRUE COPY OF THE JUDGMENT IN THE CASE OF
PRAVASI LEGAL CELL VS UNION OF INDIA IN WPC
14496 OF 2020, DATED 25.8.2020

Mariyam Beevi, v. Union of India

Case brief

What is this about?

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Mariyam Beevi, v. Union of India

Case brief

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