D.S.R. VARMA, J :- Though the original order was passed on 1-12-2009, the matter has been posted under the caption 'For Being Mentioned', hence the original order shall be read as follows:

2. Heard Sri K.Vivek Reddy, learned Counsel, representing Sri K.Sai Krishna Mohan Rao, learned Counsel appearing for the petitioners; Sri D.Prakash Reddy, learned Senior Counsel, representing Sri A. Prabhakar Rao, learned Counsel appearing for respondents 1 to 4; and the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 5 and 6.

3. This writ petition is filed by the father and paternal grandparents of the alleged detenues, namely, Kum. Aanchal R.Padi and Kum. Kajal R.Padi, seeking a writ of habeas corpus directing the respondents 1 to 4 to produce Kum. Aanchal R.Padi and Kajal R.Padi before this Court and the said minor girls be forthwith handed over to the petitioners 2 and 3 to enable them to be returned to petitioner No.1 so that they go back to the United States of America ('the USA', for brevity) i.e., the country of their habitual and permanent residence and to issue appropriate directions to respondent No.5 to provide all appropriate necessary and requisite help to aid and assist in the recovery of Kum. Aanchal and Kum. Kajal from illegal custody of the respondents 1 to 4 and further direct the respondents 5 and 6 to provide police assistance to the petitioners to enable them to have a safe and secure passage to the USA.

4. Petitioner No.1 is the father and respondent No.1 is the mother of the alleged detenues, by name Kum. Aanchal R.Padi and Kum. Kajal R.Padi.

5. For convenience, petitioner No.1, respondent No.1 and the alleged detenues are being referred to as the father, mother and children, respectively.

6. The facts shorn of and relevant that led to the filing of this writ petition are as under:

The parents of the children were married about 19 years ago and started their living in the USA. In the year 1998, the first child, by name Aanchal had born and three years after the birth of the girl, she was moved to Hyderabad in India with the consent of both the parents. The other girl, by name Kajal was born in the year 2003 and even when the child was very young, she also was moved to Hyderabad with the consent of both the parents.

Thereafter, the children and the mother were frequently moving between India and the USA. After sometime, there were differences of opinion between the spouses, which are not relevant for the purpose of the present case and owing to the said squabbles, they approached a competent Court in the USA and obtained a decree for divorce.

It is also not in dispute that though the second child initially was sent back to India with the consent of the parents, upon the subsequent visit to the USA, the mother wanted to get back to India due to the differences between the spouses along with her child, which was opposed by the father. However, the second child was brought back to India much against the wish and will of the father and has been since then staying at Hyderabad in India. Since then the father has no access to his children. Therefore, the present writ petition came to be filed seeking a Writ of habeas corpus.

7. What is to be noted, at the outset, is that the father and both the children are citizens of the USA, whereas the mother is a domicile of the USA and therefore, she alone is governed by the laws of India.

8. It is also not in dispute that despite the fact that the Passports issued by the USA Government and the Visas issued by the Government of India have expired long back, the children are very much in the care and custody of the mother, prosecuting their studies at Hyderabad in India.

9. In view of the said fact, the incidental question that falls for consideration is as to whether the children, who are the citizens of the USA, can stay in India beyond the time prescribed in the Passports and Visas? If so, what are the consequences ?

10. As alrea