Does inHabeas Corpus case court strictly follows jurisdiction
Hello, I am victim of domestic violence, deserted and abandoned wife and a distressed mother of three minor children who have been detained in Riyadh Saudi Arabia for the last four years. My husband and I are Indian Nationals and our all three children are born and brought up in India. Few years ago my husband had taken me and children to Saudi Arabia as he got job there. Being a abusive and aggressive person my husband subjected me to verbal, physical and mental abuse since the beginning of our marriage and my in-laws always encouraged, supported and provoked my husband for his abusive behaviours. In 2021 my husband forcibly sent me alone to Indian after severely abused me and kept the children under his forcibly and illegal custody without my consent and against the will of the children. Despite of my taking every possible step and constant efforts my husband kept the children totally disconnected and separated from me . He is not allowing me to see or even speak with the children on phone. He kept me completely unaware and uninformed with children's well beings and whereabout. I was filed child custody case in District Court, First court accepted my application and trial started. Court sent several notices and summons to my husband for his physical appearance and also to produce children before court but even the summons were dully served him he neither respond nor appear in the court. Afterwards Court ordered for the proceeding ti ex- parte order but the Judge who was hearing the case got transferred and the new judge kept pending the case for four months and finally dismissed the case on the court jurisdiction basis. I filed Appeal in the high court but don't know whether the HC will allow it or not I want to is there any other legal remedy to compel my husband to bring back the children to India or hand over the children to me. As the children are abroad means out of the jurisdiction of All Indian court in this situation can I file the Habeas Corpus case does the Habeas corpus maintainable in my case or the same jurisdiction issue will come? Please advice Thanks
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