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2024 Supreme(Bom) 349

A. S. GADKARI, SHYAM C. CHANDAK
Nienke Leida Hulshof – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Malhotra a/w Mrs. Angha Nimbkar, Ms. Shreya Shrivastav Mr.Gulistan Dubash i/b Mr. Durgesh Jaiswal
For the Respondent: Mr. S. V. Gavand, Mr. Mihir Desai a/w Mr. Navin P. Sachanandani, Mr. Subodh Desai

JUDGMENT :

SHYAM C. CHANDAK, J.

1) Rule. Rule made returnable forthwith and, with the consent of the learned counsel for the parties, heard finally.

2) This is a Writ Petition under Article 226 of the Constitution of India for habeas corpus of Ms.‘N’, i.e. the daughter of Petitioner (hereinafter referred to as ‘child N’).

2.1) The Petitioner has prayed for issuance of a writ of habeas corpus to produce minor child ‘N’, who is alleged to be in an illegal custody of the Respondent Nos.2 to 5, for her custody to be given to the Petitioner and for appropriate directions for the return of child ‘N’ to the Netherlands; for issuance of any other appropriate writ, order or Direction to ensure the compliance of the Order dated 9th November 2023 passed by the Hague Court at the Netherlands and to direct the Respondent Nos.2 to 5 to provide all necessary aid, assistance and effective implementation of the directions of this Court, in securing the safe return of child ‘N’ to the Petitioner at Netherlands.

Case of the Petitioner, in brief, is as under:

3) The Petitioner is a Dutch National and permanent resident of the Netherlands. The Respondent No.2 is an Indian National and ex-husband of the Petit

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