Judicial Opinion Summary

Factual and Procedural Background

The petitioner (mother) filed a writ petition seeking a direction to respondents 1 and 2 to produce her daughter, Sonam Gerry, before the Court. The petitioner alleged that Sonam Gerry, who turned 18 on 19/9/2016, was in the illegal custody of respondent 1 in Kuwait. Respondent 1 filed a counter-affidavit and the detenue (Sonam Gerry) filed an affidavit stating that respondent 1 is her father, that she has been educated in Kuwait from LKG through 12th standard, and that she is pursuing a B.A. in Sociology in Kuwait and living with her father by her own consent. The detenue's affidavit also stated that she commenced an internship on 18 July 2016 at HUAWEI TECHNOLOGIES KUWAIT CO., W.L.L., and a certificate regarding the internship was produced. The detenue's affidavit is attested by the Consular Officer, Embassy of India, Kuwait. The Court considered these filings and dismissed the writ petition.

Legal Issues Presented

1. Whether the detenue, Sonam Gerry, was being illegally detained in Kuwait such that the Court should direct respondents to produce her.
2. Whether the writ court could properly issue a direction to produce a person who is alleged to be in custody outside the territorial jurisdiction of the Court (Kuwait), in light of the factual assertions before the Court.

Arguments of the Parties

Petitioner's Arguments

• The petitioner (mother) alleged that her daughter, Sonam Gerry, is under illegal custody of respondent 1 in Kuwait.
• The petition sought a direction to respondents to produce Sonam Gerry before this Court.

Respondent and Detenue's Arguments

• Respondent 1 (father) filed a counter-affidavit asserting he is the father of the detenue.
• The detenue's affidavit (produced as Ext. R1(f)) states she has been educated in Kuwait from LKG to 12th standard and is now enrolled in B.A. Sociology in Kuwait.
• The detenue stated she is staying with her father by her own consent and that upon learning of the writ petition she told her mother not to file it.
• The detenue stated she began an internship on 18 July 2016 at HUAWEI TECHNOLOGIES KUWAIT CO., W.L.L., and a certificate regarding the internship was given to her father for production before the Court.
• The detenue's affidavit is attested by the Consular Officer, Embassy of India, Kuwait.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court reviewed the affidavits on record — the counter-affidavit of respondent 1 and the affidavit of the detenue — and the factual material they contained. The detenue's affidavit stated that she was residing with her father in Kuwait by her own consent, pursuing academic studies (B.A. Sociology) and engaged in an internship at a Kuwaiti company, with supporting attestation by the Consular Officer of the Embassy of India in Kuwait.

Having regard to these factual assertions, the Court concluded that the matter did not constitute illegal detention within the meaning alleged by the petitioner. The Court also noted that the detenue's presence in Kuwait placed her outside the territorial jurisdiction of the Court for the purpose of ordering production. In light of the detenue's own sworn statement and the overall factual circumstances presented, the Court found no basis to grant the relief sought by the petitioner.

Holding and Implications

Writ petition dismissed.

Direct effect: The Court refused to issue the direction sought by the petitioner to have Sonam Gerry produced before it; the petition is dismissed. The opinion does not discuss broader implications beyond the immediate disposal of the petition.