P.N.PRAKASH, R.N.MANJULA
Girish Arunagiri, American Citizen – Appellant
Versus
Mahalakshmi Senthil Nathan, American Citizen – Respondent
JUDGMENT :
P.N. Prakash, J.
(Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India to direct the ninth respondent, viz., the Commissioner of Police, Coimbatore City, Tamil Nadu, to produce the bodies of respondents 1 to 3 before this Court by removing them from the custody of the fourth and fifth respondents, for their due safe return to the United States of America, since they are the citizens of the said country.)
1. This is a petition for habeas corpus filed by the father seeking the return of his two minor children to the United States of America. For the sake of convenience, Girish Arunagiri, the petitioner herein and Mahalakshmi Senthil Nathan, the first respondent herein, who are spouses, will be referred to as Arunagiri and Mahalakshmi, respectively.
2. The minimum uncontroverted facts that resulted in the dispute betwixt the spouses, viz., Arunagiri and Mahalakshmi, qua custody of their two daughters, viz., Shakthi Girish and Sharadha Girish, are as under:
2.1 Arunagiri’s father and Mahalakshmi’s father are leading orthopaedic surgeons in Tamil Nadu. After completing his higher education in the United States, Arunagiri was gainfully employed there
Surya Vadanan vs. State of Tamil Nadu and others [(2015) 5 SCC 450]
Mrs. Elizabeth Dinshaw vs. Arvand M. Dinshaw & anr. (1987) 1 SCC 42
Nithya Anand Raghavan vs. State (NCT of Delhi) and another (2017) 8 SCC 454
Lahari Sakhamuri vs. Sobhan Kodali (2019) 7 SCC 311
Yashita Sahu vs. State of Rajasthan and others (2020) 3 SCC 67
Madhavendra L. Bhatnagar vs. Bhavna Lall [(2021) 2 SCC 755]
Surinder Kaur Sandhu vs. Harbax Singh Sandhu [(1984) 3 SCC 698
V. Ravi Chandran (Dr.) (2) vs. Union of India and others [(2010) 1 SCC 174
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