Holding that a decree passed by an US court cannot override the consideration of welfare of a minor child, the Madras high court dismissed a petition filed by an Indian settled in US seeking custody of his 3-year-old girl, an American citizen by birth, who was brought to India by his estranged wife.
A division bench comprising Justice C. Nagappan and Justice P.R. Shivakumar, who dismissed the habeas corpus petition filed by C. Mungerveli Puttappa, however, granted him visitation rights of three hours per day for three days in a week at a venue in Chennai to be agreed upon by the parties during his stay here.
The petitioner, a native of Karnataka state, went to US in 1992 and after completion of his studies was employed in a company there. Vishala, after completing her studies went to US in 1996 and after getting to know Puttappa married him on December 30, 1997 in New York State. They also celebrated their marriage in accordance with Hindu rites and customs in India in 1999. She gave birth to a female child on 12 May 2008 in the US. But due to differences of opinion with her husband, she returned to India along with her child in October ’08 and also obtained an order of guardianship from a court here. Meanwhile, the petitioner got an order of divorce and temporary custody of the child from a court in the US.
The bench said that on the date of her returning to India there was no order of the US court concerning the custody of the minor child. Hence, the child’s presence in India was not the result of an illegal act of abduction by Vishala. In the petition for divorce before the US court, no notice appears to have been served on Vishala and the court granted divorce on 22 Octobe, 2010. This shows that after Vishala came to India, the order for custody of the child and decree for divorce has been passed by the US court. “In the said circumstances, the decree passed by the American court though a relevant factor, cannot override the consideration of welfare of the minor child,” the bench added.
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Ex-Simi chief had network in Gulf countries
M.P. Prashanth
Kozhikode
June 26: Sainulabudheen alias Salaudheen, former national president of the Students Islamic Movement of India (SIMI), who was arrested from Cochin International Airport on Saturday, has connections with Simi activists in Kerala and the Gulf countries, according to the police.
Sarfarz Nawaz, the Simi leader picked up from arrested in Oman last year for his alleged involvement in the Bengaluru blasts, was an associate of Salaudheen. Nawaz had told the Bengaluru police that he attended a three-day programme organised by Simi in Lucknow when Salaudheen was the president of the outfit. Nawaz said Salaudheen was greatly impressed by his organisational skills and commitment. Nawaz had also met Salaudheen when he was working at a medical centre in Dubai.