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2023 Supreme(Kar) 177

ALOK ARADHE, VIJAYKUMAR A. PATIL
Sankar Viswanathan S/o Viswanathan Raja – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shadam Farasath, Shyam Harindar, Raghuram Cadambi.
For the Respondents: Anu Changappa, Thejesh P.

ORDER :

1. This writ petition has been filed by the petitioner seeking the following relief:

    Issue a writ in the nature of Habeas Corpus or any other order, directing respondent No. 1 to produce Master Siddharth Sankar before this Hon’ble Court and to ensure that the (physical custody of the minor son Siddharth Sankar is transferred to the petitioner and the child is repatriated to his habitual palace of residence i.e. Germany.

2. Facts giving rise to filing of this writ petition briefly stated are that the petitioner as well as respondent No. 2 (hereinafter referred to as the wife) got married on 07.10.2013 at Bangalore, Karnataka. The wife joined the matrimonial home in Germany. Thereafter, on 21.10.2016 a child viz. Master Siddharth Sankar (hereinafter referred to as the son) was born in Germany. It appears that on account of matrimonial dispute, the wife left Germany on 16.05.2017 along with the son. The petitioner thereupon filed a petition on 17.05.2017 before the jurisdictional court in Germany seeking custody of the son. However, by the time i.e. 17.05.2007, an order was passed by the jurisdictional court in Germany granting custody to the petitioner and directing that the son

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