Madurai Bench of the Madras High court directed authorities to handover to Mexican Embassy officials in Delhi the five-year-old Mexican girl, whose mother was allegedly murdered by her estranged partner.
Madurai Bench of the Madras High court today directed authorities to handover to Mexican Embassy officials in Delhi the five-year-old Mexican girl, whose mother was allegedly murdered by her estranged partner,to her paternal grand-mother.
A Division Bench of Justice Rajeswaran and Justice Vijayaraghavan said the child-care centre, where the girl, Adila, was staying now, should hand her over to Embassy officials, who in turn should handover the child to the grand-mother Monica Mansour Eisler.
Adila's mother, Cecile Denise Acosta (36) was allegedly murdered recently by her estranged partner Martin Manrique, also from Mexico.
The bench said the embassy should facilitate the travel of the child and grand-mother to Mexico.After reaching Mexico,Monica should file a separate petition at the Mexican court to retain her custody.
However,during their stay in India if the maternal grand-mother wanted to see Adila,then the paternal grand-mother should cooperate.The entire movement of the girl in India should be monitored by the Mexican embassy, the bench held.
Police had on April 17 arrested Manrique for allegedly murdering Acosta and disposing the body in a suitcase following a dispute over the issue of custody of the child.
In her habeas corpus petition,Cecile Mireille Reynaud Pulido said her daughter Acosta had begotten a girl baby in 2007 through live-in relationship with Martin Manrique Mansour.
The relationship between the couple was strained after the child's birth and they entered into a private agreement in their country to exchange the custody of the child on a yearly basis.
It was agreed that the child would be with the father for a year and the mother for another year. Subsequently,when the child was in the custody of Manrique,he brought her along with him to India and joined Kalasalingam university at Krishnankovil as post doctoral research scholar in Maths.
He was provided accommodation in the university campus. The petitioner's daughter too followed them with the aim of staying closer to the child and took up a Mohiniyattam dance course in Kerala in Thrissur district.
On Apr4,there seemed to be a quarrel between the couple as Acosta insisted on taking back the child with her on the ground that Manrique had completed his tenure of one year with the child.The clash reportedly led to the death of the woman.
While Manrique was lodged in prison at Chennai, the child was sent to a private home for destitute children.
In her intervening petition in the HCP, Monica Mansour Eisler claimed that only they were entitled to take care of the child. She said as per the agreement Pulido was strictly prohibited from seeing Adila and the child should be with Manrique from June 5,2011 to August 5,2012.A compromise decree also had been executed which was valid for 13 years from May16,2011,it was submitted.
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