V.V.S.Rao, J.

The petition is for Habeas Corpus directing respondents 1 and 2, namely, State of Andhra Pradesh through the Station House Officer, P.S., Jubilee Hills, Hyderabad, and the Director General of Police, Andhra Pradesh to trace the daughter of the petitioner Baby Sruthi, produce her before this Court and set her at liberty from wrongful custody from third respondent by giving custody to the petitioner.

The ensuing short facts are necessary to consider the issues raised by the parties. The petitioner, now citizen of the United States of America (USA) with Person of Indian Origin (PIO) status, married third respondent, a citizen of the USA with PIO status -on 05.05.2002 at Hindu Temple in Huston, the State of Texas. Sruthi was born on 18.11.2005 in California. After spending two years in the USA, the couple moved to India. For the birth of Baby Sruthi, the petitioner travelled to Huston and that is how Sruthi is a citizen of the USA.

The four year old marriage faced unrelenting turbulence. In December, 2009 the couple drew up a parenting plan which the petitioner alleges as vitiated by threats and fraud. The Family Court Commissioner (FCC), the Superior Court of