The paramount consideration in child custody disputes is the child's best interest, prioritizing emotional stability and existing ties over contesting parental claims.

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 Petitioner. Child ‘N’ is their biological daughter and a Dutch National by birth. The Respondent Nos.3 to 5 respectively are mother and brothers of the Respondent No.2.

3.1) The Respondent No.2 was married to the Petitioner in Netherlands on 5th July 2013, under the Dutch Laws. The Respondent No.2 was granted a residence VISA on 14th December 2017 and was registered as a resident of the Netherlands. After the marriage, the parties resided with the parents of the Petitioner. Child ‘N’ was born on 14th December 2018 out of the said wedlock. Thereafter, the parties moved to a house in Eindhoven, Netherlands on 1st January 2019, which was purchased by the Petitioner. However, due to incompatibility and differences between the Petitioner and the Respondent No.2, they decided to part company. Hence, in a Petition for Divorce, their marriage was dissolved on 28th April, 2023 by a detailed Judgment and Order of divorce passed by the District Court of East Brabant, Hertogenbosch, Netherlands. The said Judgment and Order also decided that, child ‘N’ shall have main residence with the Petitioner, nevertheless the Respondent No.2 is entitled to contact with child ‘N’ as more specifically mentioned therein.

3.2) That, the Respondent No.2 wanted to travel to India from 5th August 2023 to 19th August 2023, during the summer vacations of child ‘N’. Therefore, the Respondent No.2 filed a Petition in the Court of East Brabant. By an Order dated 11th July 2023, the said Court granted substitute permission in lieu of the mother’s permission to the Respondent No.2 to travel to Mumbai, India along with child ‘N’ for two consecutive weeks i.e. from 5th August 2023 to 19th August 2023. The Petitioner was directed to handover OCI Card and passport of child ‘N’ to the Respondent No.2. Accordingly, the Respondent No.2 booked the Air Tickets for round trip i.e. for 7th August 2023 and