The welfare of the child is of paramount importance in custody disputes, and the court must consider the best interests of the child, especially in cases involving international child abduction and conflicting court orders.

(C. NAGAPPAN, J.)

1. Akshara Puttappa is a baby girl born on 12.5.2008 to Indian parents in Boston, United States of America. She is an American citizen by birth and her father Chandrashekar Mungerveli Puttappa has filed the Habeas Corpus Petition praying for her production and handing-over the child to him.

2. The petitioner is a native of Karnataka State and he went to U.S.A. in the year 1992, completed M.S. Computer Science in 1994 and was employed in Ford Motors Co., in 1995. The third respondent Vishala, after completing M.A. Decree at Chennai, went to U.S.A. in 1996 and after acquaintance, she married the petitioner on 30.12.1997 before the Marriage Registrar of White Plains District in New York State. Afterwards, their marriage was also celebrated in India in accordance with Hindu Rites and Customs on 12.5.1999. Both, the petitioner and the third respondent, resided together as husband and wife in the States of New York, Virginia and New Hampshire.

3. On the pregnancy of the third respondent, her mother and maternal aunt visited U.S.A. and stayed with them. The third respondent Vishala delivered a female baby Akshara on 12.5.2008 in Boston, United States of America. The petitioner resigned his job and helped the third respondent Vishala for nursing the baby. The petitioner has alleged that the third respondent Vishala's mother and aunt started poisoning her mind by saying that the petitioner was unemployed and he was looting the earnings of the third respondent Vishala in I.B.M. According to the third respondent Vishala, the petitioner was very cruel to her and child Akshara and he also ill-treated and tortured her mother and aunt as a result of which she called Salem Police, New Hampshire on 13.9.2008 for the protection of their lives and the petitioner was arrested and remanded to judicial custody for three hours on 13.9.2008 and was also served with the Court Notice of Physical abuse with the Protection Order obtained by the third respondent Vishala in the Court of New Hampshire, Salem Family Division. The petitioner filed a petition for divorce and child custody in the said Court.

4. The third respondent Vishala returned to India on 8.10.2008 along with child Akshara and informed the same to the petitioner through e-mail. The petitioner moved urgent ex parte motion before the Court of the State of New Hampshire Judicial Branch in Case No.673:2008:DM:231 and the Court ordered thus, on 10.10.2008:

"(i) Respondent has wrongfully removed the parties' minor child Akshara Puttappa, Date of birth May 12, 2008, from the United States of America to India.

(ii) Petitioner is awarded sole decision making authority over the parties'.

(iii) Petitioner is awarded sole residential responsibility over the parties' minor child.

(iv) Petitioner is awarded temporary full and sole legal and physical custody, care and control over the parties' minor child."

5. The third respondent Vishala lodged a police complaint with the Commissioner of Police, Greater Chennai, on 15.11.2008 against the petitioner herein for the alleged threat made by him. The third respondent Vishala also filed a petition under Sections 7, 8, 9, 10 & 12 of the Guardians and Wards Act, 1890 in G.W.O.P.No.178 of 2008 before the District Court, Thiruvallur, on 4.12.2008, for appointing her as guardian to the person of the minor child Akshara and notice was ordered to the petitioner herein. The petitioner received the Summons from the Court of the Principal District Judge, Thiruvallur, in December, 2008, informing him to appear on 19.1.2009 but he did not appear and the learned Principal District Judge, Thiruvallur, allowed the petition on 19.6.2009 and appointed the third respondent Vishala as 'Guardian' to minor Akshara.

6. The petitioner further moved the Court in the State of New Hampshire for immediate transfer of Parental rights and responsibilities in the case No.673:2008:DM:00231. The petitioner also complained to the American Consulate General in Chennai