Kerala HC Invokes Parens Patriae Jurisdiction To Permit Woman To Take Her Minor Daughters Having Special Needs To UAE

The Court said that when circumstances warrant, the constitutional courts should also invoke the parens patriae jurisdiction for safeguarding the interest of vulnerable adults and minors.

The Court was hearing a Writ Petition requesting a writ, order or direction allowing the Petitioner to gain custody of her children, aged 11 and 8, and to permit her to take them to the United Arab Emirates, where she currently resides and works.

The bench of Justice V.G. Arun observed, “…when circumstances warrant, the constitutional courts should also invoke the parens patriae jurisdiction for safeguarding the interest of vulnerable adults and minors. As the interest of the minors in this case will be best subserved by the children being permitted to reside with their mother and pursue their studies in the UAE, the permission sought by the petitioner ought to be granted.”

Advocate Anand Kalyanakrishnan appeared for the Appellant and Advocate R. Padmakumari appeared for the Respondent.

Brief Facts-

A mother of two minor girls who are aged 11 and 8, is seeking permission from the Court to take her children to the UAE, where she is currently employed. The Petitioner and Respondent no 3 had 2 daughters out of wedlock. Both the daughters have special needs. Due to marital discord, the Petitioner filed a Criminal Complaint against her husband under Sections 498A and 323 of the IPC. The children previously stayed with the Petitioner in the UAE on a 60-day tourist visa, but a Residency visa is needed for their education. The Petitioner requires either a No Objection Certificate (NOC) from the third respondent or a Court order to obtain the visa. Respondent no. 3 refused to provide the NOC, hence, she approached the Court with the present Writ Petition.

The Court observed, “The Constitution of India makes it imperative for the State to secure to all its citizens the rights guaranteed by the Constitution and where the citizens are not in a position to secure and assert their rights, the State must come into the picture and protect and fight for those rights.”

Accordingly, the Court allowed the Writ Petition.