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2022 DIGILAW 689 (MAD)

A. Arulraj v. Secretary, Ministry of Home Affairs, New Delhi

2022-03-17

ABDUL QUDDHOSE

body2022
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. 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 admission on 04.03.2022 before this Court, Mrs.L.Victoria Gowri, learned Assistant Solicitor General, who accepted notice on behalf of Government of India, sought time for getting instructions. On the last hearing date, ie., on 10.03.2022, this Court was of the opinion that the petitioner's daughter and his two grandchildren will have to be heard through video conferencing in order to ascertain their views. Accordingly, the matter was posted for hearing today through video conferencing. 7. The petitioner's daughter, Aruna Frank and her two minor Children, Minor.V.Marc Roshan and Minor.Michelle Claire were present through video conferencing. Accordingly, the matter was posted for hearing today through video conferencing. 7. The petitioner's daughter, Aruna Frank and her two minor Children, Minor.V.Marc Roshan and Minor.Michelle Claire were present through video conferencing. The petitioner's daughter as well as her two minor children have made a categorical statement that they are unwilling to live with the eighth respondent, as he has been continuously harassing them. The minor children also categorically state that they do not want to live with their father. 8. The minor boy is aged about 17 years and the minor girl is aged about 11 years. After hearing their views, this Court is of the considered view that a matured decision has been taken by them. They were very forthright in stating that they are not willing to live with the eighth respondent due to his continuous harassment and his illicit relationship with several women. 9. The learned Assistant Solicitor General appearing for the Union of India, would submit, on instructions, that the only solution that can be granted to the petitioner, since the original passports are not in the custody of the petitioner's daughter and is in the custody of the eighth respondent, is to cancel the existing passports issued in favour of the minor children, namely, Minor.V.Marc Roshan, having Passport bearing No.UOO43362 and Minor.Michelle Claire, having Passport bearing No.UOO43153 and re-issue a passport in their favour pursuant to a direction given by this Court. The said statement is recorded. 10. It is also the contention of the petitioner and the petitioner's daughter that despite request having been made to the eighth respondent to return the passport to them to enable the petitioner's daughter and her two minor children to come to India, the eighth respondent has refused to return the same. 11. The petitioner's daughter and her two minor children cannot be left high and dry and continue to face harassment from the eighth respondent, that too in an alien country. The petitioner's daughter as well as the minor children are desperate to come to India and live peacefully here due to the harassment met out to them by the eighth respondent. This Court cannot shut its eyes to the predicament expressed by the petitioner's daughter and her two minor children, that too when they are Indian citizens in distress in an alien country. 12. This Court cannot shut its eyes to the predicament expressed by the petitioner's daughter and her two minor children, that too when they are Indian citizens in distress in an alien country. 12. This Court, after giving due consideration to the grave emergency and after giving due consideration to the aforementioned factors and after hearing the submissions of both the learned Counsels and in particular, the submission made by the learned Assistant Solicitor General appearing for the Union of India that the passports issued in favour of the two minor children, though which are presently in the custody of the eighth respondent, can be cancelled and the passports can be re-issued to the two minor children pursuant to a direction of this Court, deems it fit to pass the following directions: (a) The petitioner's daughter, Aruna Frank, is directed to give a representation to the fourth respondent seeking cancellation of the existing passport of the two minor children, namely, Minor.V.Marc Roshan, having Passport bearing No.UOO43362 and Minor.Michelle Claire, having Passport bearing No.UOO43153 and requesting the fourth respondent to re-issue the passports in their respective names immediately to enable the petitioner's daughter and her two minor children to return back to India. (b) On receipt of such representation, the fourth respondent shall act upon the said representation and cancel the passports of two minor children, namely, Minor.V.Marc Roshan, having Passport bearing No.UOO43362 and Minor.Michelle Claire, having Passport bearing No.UOO43153, within a period of two days from the date of receipt of the said representation and re-issue passports to the said minor children, namely, Minor.V.Marc Roshan and Minor.Michelle Claire, immediately, thereafter. (c) The petitioner's daughter, Aruna Frank and her minor children, Minor.V.Marc Roshan, and Minor.Michelle Claire, will have to submit representation in person to the concerned authority in the Indian Embassy of Saudi Arabia at Riyadh in order to enable them to identify and verify their credentials. (d) After re-issuance of passports in the respective names of two minor children, namely, Minor.V.Marc Roshan, and Minor.Michelle Claire, the petitioner's daughter shall apply for permission with the said passports for exit visa with the Saudi Arabian authorities. 13. It is made clear that once the earlier passports bearing No.UOO43362 issued in favour of Minor.V.Marc Roshan and bearing No.UOO43153 issued in favour of Minor.Michelle Claire, have been cancelled, the said passports have no value thereafter. 13. It is made clear that once the earlier passports bearing No.UOO43362 issued in favour of Minor.V.Marc Roshan and bearing No.UOO43153 issued in favour of Minor.Michelle Claire, have been cancelled, the said passports have no value thereafter. It is made clear to enable the Saudi Arabian authorities to process the exit visa applied by Aruna Frank and her two minor children to leave Saudi Arabia and come to India. The fourth respondent shall render all assistance required by the petitioner's daughter and her two minor children, Minor.V.Marc Roshan, and Minor.Michelle Claire, to enable them to safely depart from Saudi Arabia and reach India and live peacefully there. 14. With the aforesaid directions, this Writ Petition is disposed of. No costs.