JUDGMENT :

ANUPINDER SINGH GREWAL, J.

1. The petitioner has sought issuance of a writ in the nature of habeas corpus for the release of her minor daughter who is alleged to be in the custody of respondent No.4 and to handover the custody to her.

2. It is stated in the petition that the marriage of the petitioner and respondent No.4 was solemnized on 20.11.2013. The respondent No.4 was an Australian citizen and the petitioner later joined him in Australia.

3. Out of the wedlock, a girl child Jasreen Kaur Garcha was born on 27.06.2017. The petitioner and respondent No.4 developed matrimonial differences which led to their separation. The petitioner is stated to have filed a petition for divorce on 14.10.2019 in the Federal Circuit Court wherein respondent No.4 is alleged to have been served. However, before the divorce could be finalized, respondent No.4 promised that he will improve his behavior in future and thus, they, started living together. The petitioner withdrew the divorce proceedings on 09.12.2019. The parties while they were living together arrived in India on 24.01.2020. The respondent No.4 kept the passport of the child and in a deep rooted conspiracy, the child was taken a