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 with this principle.

ORDER

P. SAM KOSHY, J.

Heard Mr. Prabhjit Jauhar, learned counsel appearing on behalf of M/s.Anirudh & Associates for the petitioner, and Mr. Umesh Bhayaraju, party-in-person for respondent No.4.

2. The petitioner's minor son, Saatvik Gary Bhayaraju, born on 17.10.2019 is a US citizen and permanent resident since birth was illegally removed from the petitioner's custody and is currently in India with respondent No.4, the father. The petitioner is seeking the child's return to the USA citing orders dated 13.06.2023 and 23.04.2024 from the Circuit Court, Clark County, Wisconsin, USA, which directed the return of the minor child to US jurisdiction. Aggrieved by the same, the present writ petition is filed.

3. According to the petitioner, she got married to respondent No.4 on 26.06.2019 and blessed with a child named Saatvik Gray Bhayaraju on 17.10.2019 in USA, thereby, making him an American citizen by birth. During a brief visit to India both the petitioner and respondent No.4 renewed their martial vows in a Hindu ceremony on 09.03.2020. Due to differences in their relationship, the petitioner filed a divorce petition and also sought for custody of the minor child before the Clark County Family Court Commissioner State of Wisconsin Court, Circuit Court vide Case No. 22 FA 106 on 02.12.2022. Subsequently, on 13.06.2023 the US Court granted joint legal custody to both the parties with petitioner being awarded primary placement in Wisconsin while the respondent No.4 received unsupervised placement on alternative weekends i.e. Friday 6:00 P.M. to Sunday 6:00 P.M. Further, US the Court order mandated the respondent No.4 to pay monthly child support of USD 1,552 based on his gross monthly income and restricted him from leaving Wisconsin. However, both the parties were prohibited from relocating the minor child unless the provisions of Wisconsin State moving the child's residence within or outside the State's statute has been complied with.

4. It was submitted by the learned counsel for the petitioner that during the ongoing divorce proceedings in the US Court, a significant development occurred with the appointment of Ms. Gail R. Prock as Guardian-Ad-Litem on 25.07.2023. The petitioner and the respondent No.4 actively participated in this process and Guardian-Ad-Litem conducted a thorough evaluation including interactions with the minor child. During this period in July, 2023, the minor child was diagnosed with autism which led to temporary reconciliation between them and they collectively decided to relocate to Indiana, USA, with minor child on 27.02.2024.

5. It was further submitted that this reconciliation proved short- lived as domestic issues resurfaced. On 11.03.2024 in front of minor child the petitioner was subjected to harassment and physical abuse by respondent No.4 which led to his arrest. A case was registered against the respondent No.4 in Hamilton Circuit Court where he was charged with multiple counts of felony and misdemeanour domestic abuse. The US Court imposed strict conditions including no contact with the petitioner and restrictions on leaving Indiana. Following this incident, the petitioner discovered that the father had taken possession of crucial documents including passports and birth certificates, forcing her and the minor child to seek refuge in a crisis shelter in Portage County.

6. Learned counsel for the petitioner submits that thereafter the situation become apparent through the Guardian-ad-Litem's report dated 04.04.2024 which was submitted to the Wisconsin Court. The report highlighted serious concerns about the respondent No.4's behaviour, noting his den