JUDGMENT :

Vinod Chandran, J.

Marital discords are more challenging to the offspring, who are not even represented, especially when questions of custody arise. Hence the Hon'ble Supreme Court has, oftener than ever emphasized the onerous duty cast on the Courts, exercising parens patriae jurisdiction, to keep in mind the profound and dominant aspect of the welfare of the minor. We would have normally not entertained the Habeas Corpus petition, but for the peculiar facts arising herein where the child born to Indian parents, is an American citizen, by virtue of his birth in that country. The parents were residing in that country when the mother along with the child travelled to her native place and took a conscious decision not to return. The mother settling down in her parental house, approached the local Family Court for divorce and guardianship of the minor child. The father, much later, approached the Superior Court of California and obtained an order against the mother commanding her to produce the child illegally detained by her. The father after two years approached this Court with this petition inter alia challenging the jurisdiction of the Family Court at Thiruvananthapuram,