Welfare of the child is paramount in custody disputes, overriding parental financial capacity and foreign court judgments, especially under Muslim Personal Law, which favors maternal custody until puberty.

JUDGMENT :

1. The writ petitioner Shahnawaz Alam has filed this writ application under Article 226 of the Constitution of India seeking issuance of writ of Habeas Corpus with a direction to the Respondent No. 2 - Aabshar Ummul Khair Imam to restore the custody of his minor daughter to him and to facilitate her repatriation to Dubai, United Arab Emirates, her ordinary and habitual place of residence in light of the judgment dated 26.12.2024 passed by the competent Dubai Court.

2. The case of the writ petitioner is that he was married to the Respondent No. 2 on 25.05.2016, according to the Muslim rites and customs in Jamshedpur, India. After their marriage, they mutually agreed to establish their matrimonial home at Dubai, where they are living since 12.06.2016. On 06.01.2019, the petitioner and the Respondent No. 2 were blessed with a daughter, who presently is about 5-6 years old. The petitioner had provided the Respondent No. 2 and his daughter with luxurious life style and took care of all their needs. The petitioner got his daughter enrolled in kindergarten at Uptown International School, Mirdif, Dubai with academic sessions scheduled to commence on 28.08.2023. His minor daughter benefits significantly by virtue of being a permanent resident of United Arab Emirates which includes high valued health insurance with multi geographic coverage. She also has access to top tier international school with choice of diverse curriculum. On 07.07.2023, the petitioner along with the Respondent No. 2 and their minor daughter came to Kolkata. It was mutually agreed that the Respondent No. 2 and their minor daughter would stay in Jamshedpur for a brief period of about two months during the summer vacation of the minor child. On 10.07.2023, the petitioner returned to Dubai. A day prior to his return, the Respondent No. 2 disclosed her unilateral decision out of her own volition not to return to Dubai, but to continue to remain in Jamshedpur, India. On 05.08.2023, the petitioner came to India intending to bring the Respondent No. 2 and their minor daughter back to Dubai. He requested the Respondent No. 2 to return to Dubai as their daughter’s school was scheduled to start on 28.08.2023. However, she refused to do so. It is the further case of the petitioner that his minor daughter wants to return to Dubai, but she has been wrongfully restrained by the Respondent No. 2. In view of the aforesaid circumstances, on 30.07.2024, the petitioner was constrained to initiate legal proceedings before the competent court at Dubai seeking both restitution of conjugal right and custody and return of his minor daughter to her place of habitual residence i.e. at Dubai, United Arab Emirates.

3. The petitioner has also stated that both the Respondent No. 2 and their minor daughter are UAE Golden Visa holders, conferring residency and affirming their settled intention to reside in Dubai as their principal and permanent domicile. According to the petitioner, the Respondent No. 2 was gainfully employed as a Professor at Amity University, Dubai, while the writ petitioner is a Senior Banking Professional working in National Bank of Dubai.

4. The petitioner filed an application for restitution of his conjugal rights and for custody of his daughter before Dubai Primary Court vide Case No. 2773 of 2024. The Respondent No. 2, ap