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SC Notice to CBI, Tamil Nadu on Plea Alleging Abduction of Kids from US by Ex-husband

The minor children have been illegally and unlawfully removed from the custody of the petitioner ex-wife. (Image: PTI/File)

The minor children have been illegally and unlawfully removed from the custody of the petitioner ex-wife. (Image: PTI/File)

The matter came up for hearing before a bench headed by Justice A M Khanwilkar.

The Supreme Court Tuesday sought responses from the CBI, the Tamil Nadu government, and others on a plea filed by a woman who has alleged that her ex-husband has abducted her two minor children from the USA in breach of the in-court settlement agreement passed by a court in Ohio in July. The matter came up for hearing before a bench headed by Justice A M Khanwilkar which issued notice to the CBI, the Tamil Nadu government, the ex-husband of the petitioner, and others on a plea filed by the woman seeking directions to the authorities to trace and produce her minor children before the court.

Advocate Prabhjit Jauhar, appearing for the woman, told the bench that the ex-husband has violated the order of the US court and abducted her two minor children who are not traceable since August this year. The petitioner has said in her plea that her minor daughter is a permanent resident of the USA while her minor son holds an American passport.

The minor children have been illegally and unlawfully removed from the custody of the petitioner ex-wife on August 16, 2021, by the respondent number two (ex-husband) father in blatant and absolute breach of the in-court agreement mutually consented and entered into by and between both the parties on July 30, 2021, before the court of common pleas, division of domestic relations, Cuyahoga County, Ohio, USA, the plea said. It alleged that the minor children have been taken to an undisclosed destination as they are neither in Chennai nor at Virudhnagar in Tamil Nadu and are suspected to have been taken to Maharashtra. The habeas corpus petition said the police at Virudhnagar had visited the parental house of the ex-husband but the minor children were not found there.

It said the petitioner does not know about the whereabouts of her minor children. According to the plea, the petitioner had married in October 2008 in Chennai and within a month, they had moved to Delaware.

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It said the parties were granted divorce in May this year and a final shared parenting in-court agreement was settled and signed. The plea said in August this year, the ex-husband left the USA with the minor children in breach of the settlement agreement sanctioned by the US court.

The petitioner ex-wife was completely unaware of this and was taking every possible step to restrain him from removing the children from the USA, it said, adding that the petitioner, with the help of her family in Chennai, have been running from pillar to post to trace the minor children but it has been to no avail.

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first published:September 28, 2021, 23:16 IST