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2023 Supreme(Bom) 1483

REVATI MOHITE DERE, GAURI GODSE
Sanil Sreekumar, son of Mr. Sreekumar K. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Janay Jain a/w. Mr. Udayan Mukherjee i/b. Ms. Kavita Singh
For the Respondent: Mr. Ansh Karnavat i/b. Mr. Jay Bhatia a/w. Mr. Siddhant Rai, Mr. Nirman Sharma i/b. Mr. Jay Bhatia a/w. Mr. Vijay Pandey, Ms. P. P. Shinde

JUDGMENT :

GAURI GODSE, J.

1. Rule. Rule made returnable forthwith.

2. Mr. Karnavat waives service on behalf of respondent no. 6, Mr. Sharma waives service on behalf of respondent nos. 7 and 8 and learned APP waives service on behalf of the State of Maharashtra-respondent no. 9. Since the dispute in the Writ Petition is between the petitioner and respondent no. 6, it is not necessary to hear respondent nos. 1 to 5.

3. The petition is filed, seeking a writ of Habeas Corpus directing respondent nos. 1, 2 and 3 to produce his minor daughter ‘Ananya’ aged about 4 and ½ years, now 5 years old, before this Court and direct respondents to facilitate the safe return of the minor daughter to the USA. Respondent no.6 is the petitioner's wife and mother of the minor daughter. Respondent nos. 7 and 8 are the parents of respondent no. 6.

Petitioner’s case in brief:

4. Petitioner is an Indian Citizen by birth and presently residing in the United States of America (‘USA’) and is a green card holder and permanent resident of the USA. The petitioner is working as a Principal Scientist at Boehringer Ingelheim Pharmaceuticals. Petitioner and respondent no.6 got married in India at Kerala on 25th October 20

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