JUDGMENT

Arun Kumar Tyagi, J. - (The case has been taken up for pronouncement of judgment through video conferencing.)

1. The petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (herein after referred as 'the Cr.P.C.') for issuance of a writ in the nature of habeas corpus directing the respondents to ensure the release of minor child-Aaditya Kiran (herein after referred as 'minor child'), minor son of the petitioner (aged about four years at the time of filing of the present petition) from illegal custody of respondents No.2 to 4 and hand over his custody to the petitioner. The petitioner also sought interim relief that respondent No.1 be directed to ensure that respondents No.2 and 4 allow and facilitate the petitioner to communicate with his son over phone and video call on a daily basis, at a time convenient to both the petitioner and his son.

Repatriation claim of the petitioner-father of the minor child.

2. Briefly stated, the petitioner has averred in the petition that the petitioner, who is Post Graduate in Computer Science, is currently employed as a Senior Software Engineer in Walmart Labs, Bentonville, United States of America (herein after referred as 'USA'). The petitioner is a permanent resident of Benton Country, Arkansas, USA.

2.1 The petitioner solemnized marriage with respondent No.2 on 13.01.2011 in New York City, USA. Minor child-Aaditya Kiran was born on 21.01.2016 in Bentonville, Arkansaa, USA and is a citizen of USA. The petitioner purchased house in Centerton, Arkansas, USA for settlement of the family. Minor child was admitted for pre-schooling in 'Bright Beginnings' in Bentonville, Arkansas, USA.

2.2 As per report dated 31.01.2019 of Mana Medical Associates, minor child was diagnosed with a congenital condition called hydronephrosis which affects the kidneys which required correction by surgery. Due to non-availability of dates for surgery in Arkansas, the petitioner and respondent No.2 decided for a surgery to be done in India by Dr. Anurag Krishna at Max Hospital, Saket, New Delhi.

2.3 In view of increasing number of cases of International Parental Child Abduction consent of the petitioner was necessary for his son to travel with respondent No.2 alone. The petitioner gave consent for the same and signed the international travel consent form dated 04.02.2019 for stay outside USA only up to 26.09.2019. Respondent No.2 along with minor child came to India on 05.02.2019 and was to return to USA on 26.09.2019 for which date the return tickets were booked. The petitioner had also paid the requisite expenses for meeting the expenses of surgery and stay in India.

2.4 The surgery took place on 14.03.2019. The petitioner joined respondent No.2 and minor child in March, 2019 but went back to USA for attending his job. The petitioner remained in regular communication with respondent No.2 and minor child till July, 2019 when respondent No.2 ceased regular communication with respondent No.2 and also ceased providing updates about the health and progress of minor child and did not allow the petitioner to interact with the minor child.

2.5 Respondent No.2 failed to return to USA along with minor child on 26.09.2019 in violation of the travel consent given by the petitioner. Respondent No.2 claimed that she was staying back with the minor child for further medical follow-ups but did not respond to his request to provide details regarding minor child's medical condition. Due to concerns arising from his inability to communicate with respondent No.2, the petitioner made independent enquiries and came to know that respondent No.2 is engaging in excessive alcohol use and was having extra marital affair and respondent No.2 was living in separate apartment in Ivory Towers, Gurugram where she left the minor child to the care of a maid whole day. Respondent No.2 had found employment in the Venkateshwar Hospital, Dwarka, Delhi.

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