JUDGMENT :

MANISH PITALE, J.

1. The Petitioner has fled this petition seeking a writ of habeas corpus for a direction to her husband, Respondent No. 3, to produce their daughters before this Court, with a further direction to hand over custody of the daughters to her. The Petitioner claims that the Respondent No. 3 illegally took away the daughters from shared custody as granted by a competent court in the United States of America, thereby rendering their custody with Respondent No.3 as illegal and in defiance of the order of the competent Court. The Respondent No.3 has opposed such claims. Both sides rely upon various judgments of the Supreme Court of India in support of their respective stands.

2. The facts leading to fling of the present Writ Petition are that on 04.12.2001, the Petitioner and Respondent No.3 got married at Ahmedabad in Gujarat, as per Parsi Zoroastrian rights and customs. They have two daughters who are now 17 years and 15 years age respectively. All four were living in the United States of America (USA) when on 09.08.2017, the Petitioner fled a suit for div