JUDGMENT :

Sonia Gokani, J.

1. By way of the present petition under Article 226 of the Constitution of India the petitioner-mother is praying for the writ of habeas corpus by urging to this Court to produce her minor children namely Leon Gillian Singh Gehlot, Paurush Singh Gehlot and Thaarun Singh Gehlot. Minor children and mother are all citizens of New Zealand and father has a status of permanent resident of New-Zealand. The petitioner seeks an order of return of minor children in consonance with the guardianship order dated 04.10.2019 passed by the High Court of New Zealand in SG vs. GSG, (2019) NZHC 2523 and other order dated 11.10.2019 on the ground that the children’s removal and retention in India by the respondent Nos.2, 3 and 4 is completely illegal and wrong.

Factual Matrix:

2. The facts which led to the present petition are in a capsulized form produced hereinafter :

2.1 The petitioner married respondent No.2 on 16.05.2010. Out of their wedlock three children begotten, who at the time of preferring this petition were 2 years and 11 months (twins Tarun Singh and Paurush Singh) in the year 2017 when she was moved an application. The children were born in New Zealand. The respondent No.2 had taken the petitioner to New Zealand in October, 2010 and the she became a permanent resident of New Zealand since 2012. The husband has been living and working in New Zealand since 2002 and is also a permanent resident of New Zealand.

2.2 On 06.08.2015 the petitioner was sent to India for the purpose of attending the marriage of the sister of the respondent No.2 and after reaching India, she was denied to attend the marriage and was forced to keep elder son with her mother in law-Laxmiben Gehlot in India and the husband told her that the twin kids are too small therefore, he would bring the elder son to New Zealand from India which never happened after 23.11.2015. She returned back to New Zealand with the twins. He, in the meantime, got her son admitted in the local school of India, although he was already enrolled in the Kindergarten at New Zealand.

2.3 The petitioner further states that on 14.10.2017 the respondent No.2-husband took the wife along with twin children to Ahmedabad and the told his wife that the purpose of the visit is operation of his mother, which was never happened and after coming to India, he never took his wife to his mother (Ms. Laxmi Gehlot) and kept her in Hotel named as Radhika Place for 15 days and then she was sent to rented house.

2.4 It is further averred that on 15.11.2017 the respondent no.2 husband took all the children and he went away from the wife. He also communicated to the wife that the children were not be returned and he is no longer interest in living with her. He also refused to give the children back and he has filed the petition for custody of children and for the divorce.

2.5 After petitioner-wife filed a complaint in commissioner office that her husband-respondent No.2 has vanished with the children and their passport, she also informed the matter in New Zealand and Indian embassy.

2.6 As averred further in the petition on 24.12.2017 she was informed by the Ahmedabad Police that her children were admitted to a boarding school namely Divine Public School in Mehsana and then she went to there to meet her children, where she was firstly denied the same by principal. It is only after she conveyed about the police then she was permitted to meet for 10 minutes. She was also forced to give in writing that the petitioner will not take the children with her. The father had admitted them in the school conveying that they do not have mother. The second time when she went to meet her children one child Tharun Singh Gehlot have a fever and was unwell, she had requested for the permission to take him to the hospital which she was refused.

2.7 Having felt harassed by the school authority, she filed an application under Section 97 of the Code of Criminal Procedure seeking the search warrant that the children wer