VIJAYA MAHANTESH MULEMANE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of habeas corpus for production of Kum. Anvita (hereinafter referred to as 'the daughter' for short) aged about 10 years and to permit the petitioner to take the daughter with him to Canada. In order to appreciate the petitioner's grievance, relevant facts need mention, which are stated infra.

(2.) Admittedly, the petitioner is the natural father of the daughter. The marriage between the petitioner and respondent No. 4 (hereinafter referred to as 'the respondent' for short) was solemnized as per Hindu rights and customs on 30/11/2010. On 30/8/2010, civil marriage was performed between the petitioner and respondent at Toronto in Canada. The petitioner and the respondent were blessed with a daughter on 11/2/2012 in Canada. The birth certificate of the daughter as well as the passport has been issued by Canadian Authorities.

(3.) The respondent filed a petition seeking divorce on 26/5/2017 in superior court of justice at Toronto, Canada. By an order dtd. 1/11/2017, the court in Canada directed that respondent shall have temporary access to the child. Thereafter, on the basis of consent furnished by the petitioner, the respondent and the daughter traveled to India on 25/8/2018 and were scheduled to depart on 16/10/2018. However, the respondent made attempts to stop the petitioner from leaving India with the child and lodged a complaint against the petitioner for offences under Sec. 498A, 341, 504, 506 of Indian Penal Code as well as under Sec. 3 and 4 of the Dowry Prohibition Act, 1961.