V.K. Jain, J.

1. This is a petition under Article 226 of the Constitution of India seeking issuance of a writ/order/direction in the nature of habeas corpus to the respondents to produce minor children viz. Jasmine Kaur and Vaani Kaur, daughters of the petitioner before this Court and giving their custody to him.

Respondent No. 2 before this Court Mrs. Harpreet Kaur is the wife of the petitioner and their marriage was solemnized in India on 17.11.2003. The petitioner was a permanent resident of New Zealand prior to his marriage. In February, 2004, both of them came to live in New Zealand. Respondent No. 2 also acquired permanent residency of New Zealand in the year 2006. The petitioner became a New Zealand citizen in March, 2008. Both the children were born in New Zealand and consequently acquired citizenship of that country.

The petitioner, respondent No. 2 as well as both their children came to India on 6.3.2009. The petitioner had planned to return to New Zealand on 10.4.2009, whereas respondent No. 2 was to return on 12.6.2009 along with both the children. It is alleged that respondent No. 2 refused to return to New Zealand and also retained the custody of the children w