The court refrained from intervening in custody matters pending the resolution of a guardianship application, emphasizing the children's best interests amidst parental disputes.

ORDER :

A.Y. KOGJE, J.

1. This petition is filed by the petitioner for following reliefs:-

“(A) Your Lordships may be please to admit and allow the present petition in the interest of justice;

(B) Your Lordships may be pleased to issue a writ of Habeas Corpus upon the respondent nos. 5 and 6 or any other persons deemed necessary, and direct them to produce the corpuses, i.e. sons of the petitioner and the respondent no. 5 namely Rudra (D.O.B. 20.11.2014, aged: 9 years) and Neeom (D.O.B: 01.11.2016, aged: 7 years), who ate, at present, in the emma custody of the respondent nos. 5 and 6, before this ‘Honourable Court and hand over their custody to the present petitioner;

(C) Your Lordships may be pleased to issue a writ of Habeas Corpus upon the respondent nos. to 4 Authorities herein or any other authorities deemed necessary, and direct them to produce the corpuses, i.e. sons of the petitioner Rudra (D.O.B. 20.11.2014, aged: 9 years) and Neeom (D.O.B. 01.11.2016, aged: 7 years), the minor children of the petitioner and the respondent no. 5, who are, at present, in the custody of the respondent nos. 5 and 6, before this Honourable Court and hand over their custody to the present Petitioners;

(D) During the pendency of the present application Your Lordships may be pleased to issue directions upon the respondent nos. 1 to 4 herein of any other authority deemed necessary, and direct them to not extend any VISA and/or citizenship applications made by the respondent nos, 5 and 6 or any other person in connection with the corpuses, i.e,, sons of the petitioner Rudra (D.O.B. 20.11.2014, aged: 9 years) and Necom (D.O.B. 01.11.2016, aged: 1 years), the minor children of the petitioner and the respondent no. 5, who are, at present, in the custody of the respondent nos, 5 and 6;

(E) Pending admission and final disposal of this petition, our Lordships may be pleased to issue appropriate writ, order or direction directing the respondent nos, 5 and 6 hercin to hand over the custody of the corpuses herein, i.e., the sons of the petitioner and respondent no. 5 herein namely Rudra (D.O.B.: 20.11.2014, aged. 9 years) and Neeom (D.O.B.: 01.11.2016, aged: 7 years), i.e., the minor children, to the Power of Attorney-holdes of the petitioner herein, i.e., Bhatt Atulkumar Natvarlal;

(F) Pending admission and final disposal of this, petition, Your Lordships may be pleased to issue appropriate writ, order or direction directing the concerned respondent nos. 1 to 4 authorities herein to take custody of the corpuses herein, i.e, the sols of the Petitioner Rudra D.O.B. 20.11.2014, aged. 9 years) and Neeom (D.O.B. 01.11.2016, aged: 7 years) i.e. the minor children to hand over their legal custody to the Power of Attorney-holder of the petitioner herein i.e. Bhatt Atulkumar Natvarlal.”

2. The petitioner is HIB visa holder of USA and is presently residing in U.S. This petition is preferred though power of attorney holder and his parental uncle.

3. The petitioner and respondent No.5 are married and out of the wedlock, two children are born in U.S. The present petitioner is a result of the disharmony in the matrimonial relationship between husband and wife for which now the minor children are the subject matter of the present litigation.

4. Out of the matrimonial dispute, already the parties have initiated several litigation in a rather short span, the details are as under:-

(i) The respondent No.5 (wife) filed Civil Miscellaneous Application No. 22 of 2024, before Principal Judge Family Court Ahmedabad on 29.01.2024, under the provisions of Guardians and Wards Act, 1890 for appointment as a legal guardian and for the permanent custody of the children. (Case Status:Pending). The petitioner (husband) has filed an application under the provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908 in the proceedings. The application is placed for order.

(ii) The respondent No. 5 (wife) has filed an application under Section 125 CrPC, 1973 before the Learned Principal Judg