HC comes to rescue of 2 ‘Australian’ kids

Saurabh Malik

Tribune News Service

Chandigarh, February 22

Coming to the rescue of two “Australian” children detained by their father, the Punjab and Haryana High Court has allowed them to go with their mother and also directed the police to conduct raids for tracing their passports.

“The UT, Chandigarh, and the Central Government, will do their best to help the children in getting extension or grant of visa for going to Australia,” Justice AB Chaudhari ruled.

The developments took place on a habeas corpus petition filed by Navjinder Kaur against the UT, Chandigarh, and other respondents. Taking up the petition, the court, on February 20, had appointed a warrant officer to find out the children, aged 12 and 11.

The report prepared by the warrant officer, Bhag Singh Virk, showed that there was resistance from the respondent-father. However, the warrant officer succeeded in getting the children produced before Justice Chaudhari’s Bench.

Referring to Dutt’s assertion that the children were indeed Australian citizens but their visa had expired on February 9, Justice Chaudhari asserted the court was convinced that their custody should be given to the mother in view of the desire expressed by them “since their understanding is better”.

Justice Chaudhari added the custody was required to be handed over to the mother all the more so because the father, on being called out, was not present in the court showing he was hardly having any interest in the children. “Be that as it may, the children are allowed to go in the custody of the petitioner from the court itself… The counsel for the petitioner and the children submitted that their original passports are with the respondent-father. “The SHO concerned is directed to conduct raids at the house of the respondent-father and others concerned for finding the passports of the children and submit a report to this court”.