JUDGMENT

Mohammad Rafiq, J. - All the three matters raise the dispute between the same parties, therefore, they are being decided by this common judgment.

2. D.B. Habeas Corpus Petition No.106/2015 has been filed by the petitioner-husband praying for issue of a writ of habeas corpus directing respondent no.2 Meenal Bhargav alias Sharma to produce before the court the minor child Pranav Sharma, permanent resident of Canada and a citizen of U.S., (whose date of birth is 22.08.2009) and cause his return along with the respondent no.2 to the jurisdiction of the Court of Canada in compliance of the orders dated 02.04.2015 and 16.04.2015 passed by the Superior Court of Justice, Family Court Hamilton, Ontario in File No.3173/2014 to enable him (the minor child) to go back to Canada and upon her failure to do so, the respondent no.2 be directed to handover the custody of the minor child Pranav Sharma to the petitioner to enable him to take the minor child Pranav Sharma back to the jurisdiction of Ontario Court, Canada. Further prayer is made for a direction to the respondent no.2 to handover the requisite documents such as PIO card and passport and other travel documents of the minor child Pranav Sharma, which are in her custody, to the petitioner-father in order to facilitate return of the minor child Pranav Sharma to Ontario, Canada.

3. D.B. Civil Contempt Petition No.1846/2017 has been filed by the petitioner praying for initiating contempt proceedings against the respondent Meenal Bhargav for having willfully and intentionally violated the terms of the final consent order dated 17.12.2015 and award appropriate punishment by sentencing her to imprisonment in accordance with the provisions of the Contempt of Courts Act, 1971. Further prayer is made for repatriation of the minor child back to USA in consonance with the terms and conditions as agreed vide consent final order dated 17.12.2015.

4. D.B. Civil Miscellaneous Application No.135/2018 has been filed on 16.05.2018 by the petitioner for revival of the D.B. Civil Contempt Petition No.1846/2017 and adjudicate the same on merits expeditiously in terms of the judgment and order dated 09.05.2018 of the Supreme Court in Civil Appeal No.1606/2018 and Civil Appeal No.3629/2018. Since the contempt petition has been revived pursuant to the aforesaid judgment of the Supreme Court, the application has become infructuous and is accordingly disposed of.

5. The petitioner-Naveen Sharma is an American citizen. He has been working in the IT sector in US since October, 2004. His marriage with respondent-Meenal Bhargav was solemnized on 14.10.2007 at Ajmer in India. The respondent-wife (for short-the respondent) thereafter moved to USA to join the petitioner-husband. According to the petitioner, the respondent was dentist in India. She decided to practice in the USA. However, despite repeated attempts, she failed to qualify the qualifying examination of that country. They then decided to shift to Canada, where also the respondent was required to qualify the written examination. She started studying in Canada Hygiene School (Ontario Dental Hygiene Institute Ancaster) for which the petitioner paid the school expenses by taking loan of 7500 dollars. They jointly applied for the Canadian permanent citizenship in 2008. The petitioner and the respondent were blessed with a baby son on 22.08.2009 in Baltimore, USA who was named Pranav Sharma. They then migrated to Canada in 2010 and became Canadian immigrants. As per the allegation of the petitioner, the respondent intentionally removed the minor child Pranav without his consent from the jurisdiction of Ontario, Canada to Buffalo (USA) from where she moved to New Jersey with the minor child Pranav where her brother was residing. According to the petitioner, despite his repeated requests to return to Chicago along with the minor child Pranav, the respondent, without the consent of the petitioner, took a flight from New jersey to India along with the minor chi