Vikramajit Sen, J.

1. Israt Jahan Tabassum (hereinafter referred to as Petitioner/Mother) has filed this Habeas Corpus Petition against her ex husband, Vijay Alreja (hereinafter referred to as the Respondent/Father) praying for the production of their minor daughter, Avantika and thereafter for restoring the custody of Avantika to her mother. Avantika was born on 24.1.2002 at Dhaka, Bangladesh. She is presently about six years old. It has been asseverated in the Petition that the Respondent/Father had converted to Islam faith and that they had got married under Muslim rites on 14.10.1997.

.2. In paragraph 4 of the Petition it has been pleaded that in 2005 the Respondent/Father fraudulently and by misrepresenting the petitioner procured an Indian Passport for the minor child. The case of the Respondent/Father is that the Petitioner/Mother herself wanted an Indian Passport for the child. The Petition thereafter discloses that Avantika was removed by the Respondent/Father from the care and custody of the Petitioner/Mother and brought to India on 17.7.2006 which resulted in the Petitioner/Mother following them to Delhi on 25.8.2006. The Petitioner/Mother alleges that Avantika