ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

1. This petition is filed under Article 226 of the Constitution of India praying to issue writ of habeas corpus directing respondents nos.2 and 3 to produce the corpus - minor Samarth – respondent no.5 herein before this Court, who is in wrongful confinement of respondent no.4 and further be pleased to permit him to accompany the petitioner to USA.

2. The aforesaid petition, as reflected from the case file, is afÏrmed at Florida, USA on 29.04.2021 by the petitioner, who happens to be the father of respondent no.5 whereas respondent no.4 is the mother of the corpus. The petitioner and respondent no.4 are husband and wife respectively married in the year 2015 and to be precise the marriage between them took place on 30.11.2015. Out of the wed-lock they are blessed with a son named Samarth born on 05.10.2017 at Florida, USA. The petitioner and respondent no.4 are Indian citizens whereas respondent no.5 –Samarth is American citizen by birth.

3. Hereinafter in this judgment, for the sake of convenience, the petitioner would be referred to as husband, respondent no.4 as wife and respondent no.5 as child.

4. As averred in the petiti