“Whether Baby Tanishka is under illegal detention of respondents 1 and 2 warranting issue of Habeas Corpus against them ?” is the question involved in this case.

2. Petitioner is the mother of Baby Tanishka aged 7 years. Respondent No.2 is the younger sister of petitioner. Respondent No.1 is the husband of respondent No.2. Respondent Nos.1 and 2 are issueless. Though the petitioner is Indian born, she has acquired the Canadian Citizenship. Baby Tanishka is born on 04.06.2010 in Oakville in Halton region of Province of Ontario, Canada out of the wedlock of the petitioner and Sri Kamalkumar Venugopal Chenguttai. Baby Tanishka has the Canadian Citizenship and is the Overseas Citizen of India.

3. Matrimonial discord arose between the petitioner and her husband Kamalkumar Venugopal Chenguttai which led to the legal proceedings for dissolution of marriage. Ultimately the Hamilton Court of Justice, by its Order dated 18.01.2012 dissolved the marriage of petitioner and Kamalkumar Venugopal Chenguttai with effect from 21.02.2012. In those proceedings vide Order Annexure-F, the Hamilton Court has granted the sole custody of Baby Tanishka to the petitioner.

4. Baby Tanishka was diagnosed