S.MURALIDHAR, I.S.MEHTA
M – Appellant
Versus
State of NCT – Respondent
S. Muralidhar, J.
1. This writ petition, under Article 226 of the Constitution of India, seeking issuance of a writ of habeas corpus is by a German national who states that his wife Respondent No.2, an Indian national, on 10th April 2018, brought away their minor daughter (hereafter ‘the child’) to India from Dubai where they were residing without his knowledge and on an emergency travel document issued in favour of the child by the Consulate General of India (‘CGI’) in Dubai. He prays for a direction to the Respondents to produce the child before the Court and hand her custody over to him. It is further prayed that Respondent No.2 and the child be allowed to return to Dubai, United Arab Emirates (‘UAE’).
2. In this judgment, the names of the parties and some of their personal details have been withheld/anonymised, in order to respect their privacy. Access to the records of this case will be available only to the parties.
3. It is pertinent to note at the outset that although orders in this matter were initially reserved on 22nd May 2018 having heard both parties on merits, this Court by the order dated 1st June 2018 deemed it necessary for both parties to address it further
Kanika Goel v. State of Delhi AIR 2018 SC 3425
Nithya Anand Raghavan v. State (NCT of Delhi) (2017) 8 SCC 454
Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413
Prateek Gupta v. Shilpi Gupta (2018) 2 SCC 309
Ruchi Majoo v. Sanjeev Majoo AIR 2011 SC 1952
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