Sabina Banu v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2025 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.32875 of 2024 Sabina Banu .... Petitioner .Vs.
1.The Union of India Rep. by Consultant (Extradition) Ministry of External Affairs CPV Division (Extradition Section) Patiala House Annex Tilak Marg New Delhi 110001.
2.The Union of India, rep. by Ministry of Home Affairs Deputy Legal Advisor S-@ Division/legal cell 2nd Floor, Major Dhyan Chand National Stadium India Gate, New Delhi-110001.
3.The State Rep.by Commissioner of Police No.132, Commissioner Office Building E.V.K.Sampath Road Vepery, Periapet, Chennai 600007.
4.Shakir Hussain .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondent to extradite 4th respondent Shakir Hussain, S/o.Hassian, working as senior customers sales and service 1 / 4
agent ticketing Emirates Airlines P.O. Box.45450 Abu Dhabi United Arab Emirates Employee No.S409248 and Old Passport No.J6400898 and New passport No.U0727115, Emirates ID Card No.784198039253053.
For Petitioner :
Mrs.S.Sridevi For Respondents :
Mr.V.Chandrasekaran for R1 & R2 Senior Panel Counsel Mr.L.Baskaran Government Advocate (Crl.Side) for R3
ORDER
This writ petition has been filed for the issue of a writ of mandamus directing the 1st and 2nd respondent to take appropriate proceedings to extradite the 4th respondent who is now working in UAE.
2.Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3.It is seen from the records that the petitioner has filed maintenance case against the 4th respondent and orders have been passed granting maintenance and the same was not paid. In view of the same, the Family Court has issued non-bailable warrant against the 4th respondent. It is also seen from the communication dated 2 / 4
25.02.2019, issued by the Family Court to the Ministry of External Affairs, the Court has requested the Ministry to extradite the 4th respondent for the purpose of executing the non-bailable warrant. It is also mentioned in the said letter that there is already an extradition treaty between India and UAE in this regard. Since the same was not acted upon, the present writ petition has been filed before this Court. 4.
Taking into consideration the facts and circumstances of the case and also the materials placed before this Court and also considering the various communications made by the II Additional Principal Judge/II Additional Family Court requesting the 1st and 2nd respondents to extradite the 4th respondent to execute the non-bailable warrant, there shall be a direction the 1st and 2nd respondents to act upon the communication made by the Family Court and to inform the decision taken to the petitioner within a period of six weeks from the date of receipt of copy of the order. The petitioner is directed to make a fresh representation to the 1st and 2nd respondents along with all the other relevant documents and a copy of this order. This writ petition is disposed of with the above directions. No costs. 26.8.
N.ANAND VENKATESH, J.
KP To 1.The Union of India Rep. by Consultant (Extradition) Ministry of External Affairs CPV Division (Extradition Section) Patiala House Annex Tilak Marg New Delhi 110001.
2.The Union of India, rep. by Ministry of Home Affairs Deputy Legal Advisor S-@ Division/legal cell 2nd Floor, Major Dhyan Chand National Stadium India Gate, New Delhi-110001.
3.The State Rep.by Commissioner of Police No.132, Commissioner Office Building E.V.K.Sampath Road Vepery, Periapet Chennai 600007.
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