JUDGMENT :

This Habeas Corpus Petition under Article 226 of the Constitution of India is filed by the petitioner seeking following reliefs :

“i. Issue a Habeas Corpus for production of the minor son namely Master Vihaan;

ii. Pass appropriate directions granting proper and continuous access of the son Master Vihan to the petitioner, and his safe passage to Australia;

iii. Pass any such other/further orders or directions as this Hon’ble Court may deem fit in the interest of justice.”

2. Brief facts of the case are that the petitioner and the respondent No.4 got married on 25.02.2012 and started residing in Australia and from their wedlock, a male child was born on 16.02.2016. It appears that on account of some dispute between the petitioner and the respondent No.4, the respondent No.4 left Australia and is residing with her parents in Jodhpur since 25.07.2018. While leaving Australia, she took the minor child with her and since then, the minor is residing with her mother.

3. In between, an FIR was registered at the instance of the respondent No.4 and after arriving at a settlement, a mutual divorce petition under Section 13(B) of the Hindu Marriage Act was filed on behalf of the petitio