1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P(MD)NO.11705 of 2011 K.Venkatesan ... Petitioner Versus 1. Union of India, Rep. By the Secretary to the Government of India, Ministry of External Affairs, Patiala House Annex, Tilag Marg, New Delhi. 2. The Consulate General of India, Indian High Commission, Qatar. 3. The Secretary to Government, Home Department, Fort St. George, Chennai. 4. The Senior Manager, HR Service, M/s.Qatar Airways Tower, PO Box No.22550, Doha, Qatar. 5. The Manager, M/s.Qatar Airways, Room No.307 & 309, Paharpur Business Centre, Software Technology Incubator Park, Nehru Place Greens, 21, Nehru Place, New Delhi – 110 019. 6. The City Manager, M/s.Qatar Airways, Old No.14, New No.43, Ground Floor, Haddows Road, Nungambakkam, Chennai. 7. Santaan Naidu ... Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take immediate action to trace out the whereabouts the petitioner's wife and consequently make arrangements to sent back her to India, based on the petitioner's legal representation, dated 19.09.2011. For Petitioner : Mr.S.Muthalraj For RR 1 & 2 : Mr.K.K.Senthilvelan Additional Solicitor General For R – 3 : Mr.B.Pugalendhi Special Government Pleader For RR 4 to 6 : Mr.G.Arivarason O R D E R The petitioner has come up with the above Writ Petition, seeking a Writ of Mandamus to direct the respondents 1 to 3 to take immediate action to trace the whereabouts of his wife and also to make arrangements to send her back to India. 2. Heard Mr.S.Muthalraj, learned Counsel for the petitioner, Mr.K.K.Senthilvelan, learned Additional Solicitor General for the respondents 1 & 2, Mr.B.Pugalendhi, learned Special Government Pleader for the third respondent and Mr.G.Arivarason, learned Counsel appearing for the respondents 4 to 6. The seventh respondent is the father of the girl and he appears to be in tandem with the petitioner and hence the non-service of notice on him is immaterial. 3. The petitioner has come up with the above Writ Petition claiming that he married one Sharanya, the daughter of the seventh respondent on 21.04.2004, at Madurai and that she was appointed as a Cabin Attendant in the Qatar Airways on 26.06.2007. It is the case of the petitioner that his wife came back to Madurai for some ailment and stayed with the petitioner for four days from 25.06.2011 to 29.06.2011 and that when the fourth respondent threatened to remove her from service, the petitioner sent her to Chennai on 24.07.2011 to enable her to go back to Qatar. According to the petitioner, after his wife reached the work place, she was in touch with her parents only upto 20.08.2011. Thereafter, neither the petitioner nor the parents of the girl could contact her either by phone or by mail, forcing the petitioner to send a representation, dated 19.09.2011 and come up with the above Writ Petition. 4. In the light of the manner in which the petitioner projected his case as though his wife is missing after reaching Doha, Qatar, I ordered notice in the Writ Petition on 12.10.2011. On 02.11.2011, Mr.G.Arivarason, entered appearance for Qatar Airways. I asked him just to find out whether the lady is in employment with Qatar Airways and report the fact to this Court. 5. Today Mr.G.Arivarason, learned Counsel for the Qatar Airways produced a certificate issued by the Chief Executive Officer of Qatar Airways to the following effect:- “This is to confirm that Ms.Sharanya Santaan Naidu, Staff No.23346, Indian national, is a bonafide employee of the company. https://hcservices.ecourts.gov.in/hcservices/ 3 She joined the company on 30/June/2007 and is currently designated as Cabin Attendant. This letter is being issued based on the request of Ms.Sharanya Santaan Naidu and Qatar Airways shall not be held responsible for any issue that may arise out of this certification.” 6. The above communication shows that the petitioner's wife is at present employed with Qatar Airways and it is not as though her whereabouts are not known or as though she is missing. 7. In the mean time, the Registrar of this Court has received a copy of the communication sent by the petitioner's wife through the Embassy of India, Doha. The communication is addressed to the Registrar of this Court, to the Chief Justice, to the External Affairs Secretary and to the Union Home Secretary. The communication bears the attestation of the Second Secretary (PPS), Embassy of India, Doha (Qatar). The communication also bears the seal and signature of the said person. Therefore, the said communication appears to be a genuine one forwarded through the Embassy to this Court. There is no reason to suspect the credibility of the said communication. 8. The said communication from the petitioner's wife also contains copies of the following documents:- (i) the letter given by the petitioner's wife to the Ambassador of India, seeking protection from her parents and husband. (ii) the letter of the Embassy of India to the Commissioner of Police, Mumbai, forwarding the complaint of the petitioner's wife alleging harassment by her husband and parents. (iii) the legal notice issued by the petitioner to the Senior Manager of Qatar Airways, dated 19.09.2011. (iv) the letter sent by the petitioner's wife to the HR Manager of Qatar Airways. (v) the letter sent by the petitioner's wife to the Cabin Crew Manager. (vi) the xerox copy of the passport of the petitioner's wife. 9. The letter dated 25.10.2011, sent by the petitioner contains very serious allegations against the petitioner and her parents. Since it is more eloquent about her sufferings that what I can narrate, it is extracted as follows:- “Respected Sir, I, Sharanya Santaan Naidu, 25, female working as a cabin crew with QATAR AIRWAYS in Doha, Qatar since 30th June 2007 with passport number Z-2106794 and I.D card of Doha: 28635604051 would like to bring certain fact to your notice in respect of the above referred matter. I belong to an orthodox South Indian family where I was married to my own Uncle (my mother's brother) Mr.VENKATESAN VARMA RAJA, 42 who is 16 years elder to me. I got married to him when I was just 16 years old. The marriage ceremony occurred as per Hindu rituals at our native place in MELUR (Madurai District, Tamil Nadu) https://hcservices.ecourts.gov.in/hcservices/ 4 on 06th June, 2002. After the marriage I stayed with my parents in Mumbai for further studies and my husband went to Singapore for employment. After completing my education I was fortunate to get a job in airline at Doha, QATAR. Few years later my husband was unemployed for more than 3 years and I was supporting him financially whenever he required, still he constantly tortured me mentally and physically to leave my job and conceive. My 1st pregnancy leaded to a miscarriage due to my tender age. After this incident, I had fear and anxiety about future pregnancies and thought to avoid it for some years. As my Husband's job was not stable I had to work to support myself and my family to live a normal life. Our age difference was definitely a major problem and to add on he was my own uncle. Things became bad to worst when he started physically attacking me in front of my mother in Mumbai and I had no support from her, I was left with no respect and no choice other than moving out of my house. After that incident I thought to keep distance and avoided their calls in DOHA. I was concentrating more on my work and was happy with how things were going, but the happiness did not last for long. One morning my mother called me saying my maternal grandparents (who are also my own in-laws) are not well I should come to see them, so I decided to go on my very next leave which was on 24th June, 2011. When I went to Melur my grandparents were absolutely fine. My husband and parents took my passport and were forcing me to leave my job. I was also taken to a lady who performs black magic, to change my behaviour towards my husband. It was horrifying. I understood why they called me and chose to keep me in isolated and secluded place like MELUR and not Mumbai. I tried to run away from that house but unfortunately I failed to do so, ever since than as I did not had passport were would I go? As I was locked inside the house and not allowed to go anywhere alone, I decided to call the Melur Police from my mobile the police came to my grandparents/husband house even that did not help. After the police left I was punched and beaten up by my husband and parents due to taking such a rational decision, my mobile phones were broken, I was bleeding from my nose, bruised all over my body, I was so helpless doing nothing but to cry day and night for help but no one helped me. My grandparents, uncle, aunty, neighbors around us all saw the whole incident but inspite of helping even they said that I should not have called police and it would be better if I leave my job and sit at home. My leave came to an end and I extended the leave as emergency medical leave, but my mother called my company and told them I cannot work any more due to my medical conditions (which was a lie) and the company should send all my belongings from Doha to India. The concerned department of Qatar Airways informed by mother that this is not the procedure of leaving job and I should come back to Doha, my mother was not convinced and insisted my company to terminate me. I WAS TERMINATED FROM QATAR AIRWAYS due to absconding the duties and not coming back from leave. I was now jobless. I explained my parents how important this job was for me to pay my home loans. My friends from Doha called my mother every possible day after my termination to send me back to Doha to take my certificates and belongings otherwise everything will be confiscated, but my https://hcservices.ecourts.gov.in/hcservices/ 5 parents did not listen and avoided their calls. When my parents and husband realised how important my documents were and cannot be left behind, they took me to an Astrologer to check if they send me to Doha will I come back. The Astrologer said “YES” which is why they came to Chennai airport to leave me to Doha, so that I can take all my money, other important documents. On 25th July, 2011 I came to Doha. I met Higher Management of Qatar Airways and explained them the whole situation, they said they will look into the matter and kept me on hold. My parents called me everyday to check my current status, but I avoided everyone's call as I was in this situation because of them. However, I kept my husband notified about my status and explained him that the process of clearance takes time. The Higher Management decided to give a warning letter saying that this kind of incident should not happen again in future, and took me back on 22nd August 2011, as my company records were good. I assured them and was very happy to get my job back. After such a long struggle I decided to live my life alone and get disconnected with all my family members, I changed all my contact details and other identities so that my family should not know if I am still working with Qatar Airways. Now my parents and my husband have sent legal notices to my company and Indian Embassy in Doha stating that I am missing and they are concerned. The notice also states that if I am still working with Qatar Airways, I should be terminated as they are against my job. I went to Indian Embassy in Doha and met Mr.ANIL NAUTIYAL (second secretary) and made him aware about the whole situation and asked him for help Mr.Nautiyal directed me to put forward this matter to the INDIAN (Mumbai) POLICE department which I already did. I would seriously want to meet and discuss this topic with the police department of Mumbai but it is a threat to my life if I go to Mumbai. My family has already threatened me that if they see me anywhere they will kill me. In this serious condition I do not want to take any risk of facing them. I say that I have put all my grievances before the Indian Embassy in Doha on 11th October 2011 and my grievances have been treated as self-explanatory petition by Indian Embassy in Doha. I say that the said self-explanatory petition dated 11th October 2011 when sent to the Commissioner of Police, Mumbai, Maharashtra, India by means of letter dated 13th October 2011 bearing Reference No.DOH/CONS/415/04/2011. I am hereby annexing the copy of my grievances before the Indian Embassy in Doha on 11th October 2011 and letter dated 13th October 2011 bearing Reference no.DOH/CONS/415/04/2011 for your reference. I say that I also know that my husband and my father are trying to harass me by filing petition before High Court of Madras, Madurai Bench. I say that I am working with Qatar Airways in Doha out of my free will and wish and the relationship with my husband and my parents are not cordial on account of matrimonial turmoil and by means they are trying to force me to leave my job in Qatar and come back to India and sustain their unprecedented tortures and assaults. https://hcservices.ecourts.gov.in/hcservices/ 6 I say that I am not missing at all and I simply doing a job with Qatar Airways in Doha for my subsistence and survival which is my fundamental and basic right to life existence and liberty. I say that I am out of my own will, on account of the harassment occasioned to me by my husband and in-laws and even unfortunately by my own parents, not maintaining any communication or contact with either my husband or my parent in-laws or my own parents. I say that I am not missing but I have cutoff and severed my contacts and ties with these people out of my own decision and the petition which have been filed before the High Court is nothing more than a false and misleading concocted story which is pole apart from the ground reality. I say that I am ready to produce myself before the Embassy of India at Qatar, Doha before any designated and competent officer as told by you to prove the truth and veracity of my version and to demonstrate the falsity of the fabricated story of my husband who has file a petition regarding my missing complaint. I say that my husband and my father had individually written letters to Qatar Airways requesting them to send me back to India however I have given my explanation to my employer. I hereby annex the copy of the legal notice send by my husband and father, both dated 19th September 2011 and my explanation given to my employer Qatar Airways for your reference. I request you to do the needful at the earliest and dismiss the petition file against me at earliest since the only sole objective of my husband is to bring me back in India to face his absolute brutalities.” 10. In view of the above, it is clear that the petitioner's wife, who is now a major has chosen her own path, which she is, in law entitled to. Therefore, the prayer of the petitioner to send his wife back to India, is wholly unsustainable and frivolous. Therefore, the Writ Petition is dismissed. 11. It is made clear that neither the petitioner nor the parents of petitioner's wife shall harass the petitioner's wife by writing any letters to Qatar Airways or to the Embassy of India at Qatar. In view of the serious allegations made by the petitioner's wife in the letter extracted above, I make it clear that any communication by the petitioner and his parents-in-law either to Qatar Airways or to the immigration department of the Country of Qatar, will not be binding on them unless accompanied by any valid Court order. The management of Qatar Airways and the officials of the Embassy are not obliged to act according to the wishes or dictates of the petitioner or his parents-in-law, unless any valid Court order is produced, since the petitioner and his parents-in- law are not entitled to harass the lady. No costs. ps Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 7 To 1. The Secretary to the Government of India, Union of India, Ministry of External Affairs, Patiala House Annex, Tilag Marg, New Delhi. 2. The Consulate General of India, Indian High Commission, Qatar. 3. The Secretary to Government, Home Department, Fort St. George, Chennai. 4. The Senior Manager, HR Service, M/s.Qatar Airways Tower,, PO Box No.22550, Doha, Qatar. 5. The Manager, M/s.Qatar Airways, Room No.307 & 309, Paharpur Business Centre, Software Technology Incubator Park, Nehru Place Greens, 21, Nehru Place, New Delhi – 110 019. 6. The City Manager, M/s.Qatar Airways, Old No.14, New No.43, Ground Floor, Haddows Road, Nungambakkam, Chennai. +1 CC TO M/S.NA.PALANIYANDI, ADVOCATE SR.NO. 38687. +1 CC TO SPECIAL GOVERNMENT PLEADER, ADVOCATE SR.NO.38781. W.P.(MD)NO.11705 of 2011 Dated:09.11.2011 7P/9C RPB : 21.11.2011 https://hcservices.ecourts.gov.in/hcservices/