MRS. KANIKA GOEL Vs. STATE OF DELHI

JUDGEMENT

(1.) These appeals take exception to the judgment and orders passed by the High Court of Delhi at New Delhi dated 16th November, 2017, 1st December, 2017 and 6th December, 2017, in Writ Petition (Criminal) No.374 of 2017 and Criminal M.A. No.2007 of 2017, whereby the writ petition filed by respondent No.2 for issuing a writ of habeas corpus for production of his minor daughter M (assumed name), who was about 3 years of age at the time of filing of the writ petition and for a direction for return of M to the jurisdiction of the competent Court in the United States of America in compliance with the order dated 13th January, 2017 passed by the Circuit Court of Cook County, Illinois, USA, came to be allowed. The Delhi High Court directed the appellant to comply with the directions as M was in her custody, the appellant being M's mother.

(2.) The respondent No.2 asserted that he was born in India but presently is a citizen of USA since 2005. He is working as the CEO of a Company called 'Get Set Learning'. The appellant is his wife and mother of the minor child M. She is a US Permanent Resident and a "Green Card" holder and has also applied for US citizenship on 2nd December, 2016. At the relevant time, she was a certified teacher in the State of Illinois and was employed as a Special Education Classroom Assistant in Chicago Public Schools. The respondent No.2 and the appellant got married on 31st December, 2010 as per Sikh rites, i.e. Anand Karaj ceremony, and Hindu Vedic rites in New Delhi. It was clearly understood between both the parties that the appellant, after marriage, would reside with respondent No.2 in the USA. Eventually, the appellant travelled to the USA on a Fiance Visa and got married to respondent No.2 again on 19th March, 2011 at Cook County Court in Chicago, Illinois. Before the marriage, the parties entered into a PreNuptial Agreement dated 20th October, 2010 enforceable in accordance with the laws of the State of Illinois, USA. The appellant then took employment as a teacher in Chicago Public School and also secured a US Permanent Citizen Green Card. The appellant became pregnant and gave birth to M on 15th February, 2014 in USA. M is thus a natural born US citizen and was domiciled in the State of Illinois, USA from her birth till she was clandestinely removed by the appellant in December 2016 under the guise of undertaking a short trip to New Delhi to meet the appellant's parents.

(3.) The appellant was scheduled to return to Chicago on 7th January, 2017 but she went missing and filed a petition under Section 13(1) of the Hindu Marriage Act, 1955 (for short "the 1955 Act") being H.M.A. Case No.27 of 2017 seeking dissolution of marriage on the ground of cruelty, along with an application under Section 26 of the 1955 Act on 7th January, 2017 seeking a restraint order against respondent No.2 from taking M away from the jurisdiction of Indian Courts. A notice was issued thereon to respondent No.2, made returnable on 11th January, 2017.