SAMEER HAMSA RAMLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking the following reliefs:

(2.) Facts giving rise to filing of this petition briefly stated are that the petitioner (hereinafter referred to as 'the husband' for short) and respondent No.3 (hereinafter referred to as 'the wife' for short) got married on 25/9/2016. On 7/12/2016, wife went to U.S. to start her life with husband. On 10/7/2018, a daughter namely Zoya Salim Malike (hereinafter referred to as 'the daughter' for short) was born in Chicago. Thereafter, the wife applied for H1B visa on 7/4/2021. The wife made a complaint on 2/6/2021 to the police authorities in U.S and thereafter, on 3/6/2021 invoked the jurisdiction of the Court at U.S. and applied for an emergency protection order. The emergency protection order was granted on the same date i.e. 3/6/2021 and custody of the daughter was handed over to the wife.

(3.) The wife traveled along with the daughter to India on 20/6/2021. Thereafter, on 21/6/2021, the husband filed a motion for dissolution of marriage and sought custody of the daughter in U.S. Court. The aforesaid proceeding filed by the husband was consolidated with the proceeding initiated by the wife seeking emergency protection order and on 22/6/2021, the emergency protection order was extended till 28/6/2021. The husband, filed an emergency motion on 21/6/2021 for return of the daughter before the Circuit Court of Cook County, Illionis after having learnt that the wife had travelled to India along with the daughter. The said Court on 28/6/2021 passed an order directing repatriation of the daughter from India.