JUDGMENT :

ABHAY S. OKA, J.

Leave granted.

FACTUAL ASPECTS

1. This appeal arises out of an unfortunate dispute between the appellant no.1 -wife and the respondent no.1-husband over the custody of their minor male child Aaditya Kiran. This appeal takes an exception to the Judgment and order dated 31st August 2021 passed by the learned Single Judge of the Punjab and Haryana High Court in a petition for habeas corpus filed by the respondent no.1 herein for seeking custody of the minor.

2. The respondent no.1 and the appellant no.1 were married in New York, United States of America (for short “USA”) on 13th January 2011. The child was born in USA on 21st January 2016. Thus, the child is a citizen of USA by birth and is holding a USA passport. Unfortunately, the child was diagnosed with hydronephrosis which required surgery. It is the case of the respondent no.1 that as they were not in a position to secure an appointment of a doctor in USA for surgery, it was agreed between the appellant no.1 and the respondent no.1 that the child will undergo surgery at Max Hospital, Saket. As the child is a citizen of USA, consent for international travel with one legal guardian was executed by and betwe