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2021 Supreme(SC) 208

D. Y. CHANDRACHUD, INDU MALHOTRA, K. M. JOSEPH
Sri Nilanjan Bhattacharya – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Vibha Datta Makhija, Sr. Adv. (A.C.), Mr. Gaurav Khanna, Adv., Mr. Prabhjit Jauhar, Adv., Ms. Tulika Bhatnagar, Adv., Mr. Ranveer Talwar, Adv., Mr. S. S. Jauhar, AOR

JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Karnataka, on a petition for habeas corpus filed by the appellant, who is the father of a three and a half year old child. The appellant is aggrieved by the conditions which were imposed by the High Court while allowing him to take the child back to the United States of America.

3. The appellant married the second respondent on 30 November 2012. The marriage was registered at Aranmula in Kerala on 25 February 2013. The appellant and the second respondent who were based in India at the time of the wedding moved to the US in April 2015. The appellant relocated to the US at the behest of his employer. Once the couple reached the US, the second respondent found employment as a management consultant in New Jersey. The parties resided for a period of three years in New Jersey after which the respondent was employed as a Software Engineer in New York. On 25 December 2016, Adhrit was born to the appellant and the second respondent. The child is a US citiz


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