NILANJAN BHATTACHARYA Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This writ petition seeking writ of Habeas Corpus is filed by the father of minor ward - Adhrit Bhattacharya, aged about 3 years and 4 months.

(2.) Admittedly, the petitioner - Niranjan Bhattacharya and second respondent - Vinaya Ravindra Nair are husband and wife. They got into wedlock on 30.11.2012 as per Hindu Rites and Rituals and thereafter, got their marriage registered on Aranmula, Herala on 25.2.2013. After the marriage, both moved to US for better prospects, where in the wedlock minor ward - Adrtih Bhattacharya was born on 25.12.2016 in Engle Wood, New Jersey (USA). Since the minor ward was born in USA, he is citizen of USA by birth.

(3.) It is seen that subsequent to the birth of minor ward - Adhrit, the relationship between the petitioner and second respondent was not cordial due to their personal differences. Hence, they started living separately and their houses were near to the house of each other. It is also contended that the child was in custody of petitioner and second respondent and petitioner would state that he was providing financial needs of the child and was also spending considerable amount of time with him in playing, educating, teaching him to sing, and play musical instruments. That there was immense love and affection between him and his son. However, the petitioner would state that the second respondent - wife is not as responsible as he is in taking care of the minor ward and that her act and behaviour was detrimental to the health and wellbeing of the child.