SNEHA HARISHCHANDRASUMITHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of habeas corpus seeking production of minor child viz., Vihaan (hereinafter referred to as 'the son' for short) aged about 10 years inter alia on the ground that the child is in illegal custody of the husband of the petitioner viz., respondent No.3 (hereinafter referred to as 'the Respondent' for short). In order to appreciate the grievance of the petitioner, it is necessary to set out the facts from which this petition arises.

(2.) The petitioner is natural mother of the son viz., Master Vihaan. The marriage between the petitioner and the respondent was solemnized as per hindu rights and customs on 4/12/2008. Out of the wedlock, Master Vihaan Sudhin Rao was born on 30/8/2011 at Bangalore. On 30/10/2014, after the birth of their son, as the respondent was employed with a company viz., Cognizant Technologies, the petitioner and the respondent as well as the son relocated to New Jersey, United States of America. The respondent was issued a work Visa and the petitioner and the son were issued dependant Visas. In the year 2016, the son was admitted to James Medison Primary School in New Jersey in Kindergarten and studied from Kindergarten to Grade II in the aforesaid school. The petitioner, respondent as well as the son secured a US Permanent Resident Green Card in October 2016.

(3.) The summer vacation of the school of the son was from last week of June to first week of September 2019. During vacation, the petitioner and the respondent intended to travel to India along with their son to perform a religious ceremony viz., 'Dhanvantri Homa' on 10/8/2019, before the son turns 8. The petitioner could not accompany the respondent and her son as she did not get leave from her employer. The respondent and the son traveled to India on 24/7/2019 and were scheduled to return to U.S. on 26/8/2019 after performing the religious ceremony. The petitioner traveled to India on 7/8/2019 for performing the religious ceremonies of son on 10/8/2019 and was scheduled to return to U.S. on 22/8/2019. The petitioner as well as respondent performed 'Dhanvantri Homa' together.