ORDER :

K. LAKSHMAN, J.

Heard Mr. Imran Khan, learned Senior Counsel, representing Mr.Pramod Kumar, learned counsel for the petitioner, learned Special Government Pleader for respondent Nos.1 to 4, and Mr. H. Venugopal, learned Senior Counsel, representing Mr.Ravi Kumar Vadlakonda, learned counsel for 5th respondent.

2. This writ petition is filed to direct respondent Nos.2 to 4 to produce his minor son Divith Dulam, a US citizen by birth, holding US Passport bearing No.643488993, currently residing at Hanumakonda, from the illegal custody of respondent No.5 before the Court and give custody of the minor child to him along with his passport, visa papers and other travel documents to comply with the orders dated 27.01.2021 and 22.09.2022 in Case No.20-3-01808-06 inter alia modification orders of custody passed by the Superior Court of the State of Washington in and for Clark County.

CONTENTIONS OF THE PETITIONER:-

3. The petitioner got married 5th respondent on 07.11.2015 at Mayuri Gardens, Hanamakonda. Even prior to marriage, both of them were working in USA. It is an arranged marriage. After marriage, they left to USA. They blessed with baby child in USA on 22.02.2019. Thereafter, disputes arose between them. The petitioner filed a petition seeking judicial separation in October, 2020 before the Superior Court of the State of Washington and for Clark Country being Case No.20.03.01808-06. In the said petition, it was stated that both the petitioner and 5th respondent are staying separately from 26.09.2020.

4. Vide order dated 27.01.2021, the Superior Court at USA on hearing the arguments of the petitioner drawn up a temporary parenting plan giving the custody of the minor child to both the petitioner and 5th respondent as per the schedule stated in the order. According to the petitioner, 5th respondent contested the said order vehemently. The Superior Court of the State of Washington, USA also gave child support order and maintenance allowance to minor child order on the same day i.e. on 27.01.2021 directing the petitioner to pay monthly allowance of Rs.USD 805 per month for the necessities of the minor child. The said Court basing on the report of the child custody evaluator vide order dated 22.09.2022 modified its earlier order of parenting plan by amending the parental custody of minor child. Vide the said order, the petitioner was given custody of 5 days and the remaining days to respondent No.5 without there being a cooling period. On the request made by 5th respondent for international travel, the said Court also passed an order dated 22.09.2022 permitting 5th respondent and the minor child to travel India for a period of 45 days. Thus, there is categorical direction to 5th respondent wherein she is bound to return to USA before expiry of 45 days of their travel to India.

5. 5th respondent travelled to India with minor child on 22.09.2022 and was duty bound to return to USA on or before 04.11.2022 i.e. after expiry of 45 days. She failed to return to USA within the aforesaid period and therefore, the said Court issued show cause notice to 5th respondent directing her to appear. The same was not complied by her. The said proceedings are contempt proceedings.

6. According to the petitioner, 5th respondent, instead of returning to USA, filed a petition vide GWOP No.521 of