ORDER VIVEK RUSIA, J. : – The petitioner being the father of respondent No. 5 (corpus) and husband of respondent No. 4 has approached this Court by way of the present petition under Article 226 of the Constitution of India seeking writ in the nature of Habeas Corpus for the custody of respondent No. 5 from respondent No. 4. The petitioner has filed the present petition through his father by giving the Power of Attorney. At the time of filing the present petition, the petitioner was in Toronto( Canada).

Facts of the case According to the petitioner, he is a permanent resident of Canada. He was married to respondent No. 4 on 18-1-2014 in Lonavala following Hindu customs and rituals. After the marriage, the petitioner and respondent No. 4 were shifted to Chicago (USA). Respondent No. 4 gave birth to respondent No. 5 on 29-8-2016 in Chicago, hence she is a citizen of the USA by birth. According to the petitioner, his parents as well as his in-laws used to visit Chicago and stay with them. Respondent No. 4 with an intention to settle in the USA took admission to Masters in Architecture and for which the entire expenses were borne by the petitioner and his relatives. In the year 2019, th