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

1.

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

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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, the petitioner was a