N. S. SHEKHAWAT
Ravi Ranga Nathan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. N.S.Shekhawat, J. (Oral)
The petitioner has filed the present petition under Articles 226/227 of the Constitution of India with a prayer to issue a writ in the nature of Habeas Corpus, to protect the life and liberty of Tarini Vijaya Nathan (hereinafter to be referred as 'Tarini' ), daughter of the petitioner from forced/illegal custody of respondent No. 5, who has been confined at the present address of respondent No. 5.
2. Learned senior counsel for the petitioner contends that the petitioner is a citizen of United States of America and is a non-resident Indian. He is also an Overseas Citizen of India as per Section 7-A of CITIZENSHIP ACT 1955. The petitioner has been living in United States of America since April 1970 and is working as Associate Consultant for TCS under contract, whereas respondent No. 5, who is the wife of the petitioner is not working. As per the petitioner, he got married to Ms. Sanjana Chauhan, respondent No. 5, who was resident of Philadelphia, Pennsylvania, USA on 25.08.2010 under the Civil Law of State of Philadeplphia, Pennsylvania. As per the petitioner, the petitioner and respondent No. 5 were not married as per the provisions of any Indian
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The welfare of the child is the paramount consideration in custody disputes, with habeas corpus requiring proof of illegal custody and availability of remedies, which were absent in this case.
The welfare of the child is paramount in custody matters, allowing writ of habeas corpus to challenge unlawful detention in international contexts. Foreign court orders must yield if they conflict wi....
The welfare of the child is of paramount consideration in child custody disputes, and decisions should be made based on the best interests of the child.
The paramount consideration in child custody disputes is the child's best interest, prioritizing emotional stability and existing ties over contesting parental claims.
The welfare of the child is paramount in custody disputes, and custody should be granted to the parent if it serves the child's best interests.
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