SANKAR VISWANATHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking the following relief: Issue a writ in the nature of Habeas Corpus or any other order, directing respondent No.1 to produce Master Siddharth Sankar before this Hon'ble Court and to ensure that the (physical custody of the minor son Siddharth Sankar is transferred to the petitioner and the child is repatriated to his habitual palace of residence i.e., Germany.

(2.) Facts giving rise to filing of this writ petition briefly stated are that the petitioner as well as respondent No.2 (hereinafter referred to as the wife) got married on 7/10/2013 at Bangalore, Karnataka. The wife joined the matrimonial home in Germany. Thereafter, on 21/10/2016 a child viz., Master Siddharth Sankar (hereinafter referred to as the son) was born in Germany. It appears that on account of matrimonial dispute, the wife left Germany on 16/5/2017 along with the son. The petitioner thereupon filed a petition on 17/5/2017 before the jurisdictional court in Germany seeking custody of the son. However, by the time i.e., 17/5/2007, an order was passed by the jurisdictional court in Germany granting custody to the petitioner and directing that the son will not be taken out of the borders of the Germany, the wife had already landed in India with the son.

(3.) The petitioner thereafter on 1/6/2017 preferred a petition in Germany for return of the son on the ground that wife is staying in India in contravention of the order dtd. 17/5/2017 passed by the German Court and that the visa of the child was due to expire in two months and therefore, it was necessary for the child to return to Germany. However, the wife on 1/6/2017 bought the child's e- visa converted into stay visa by Foreigners Regional Registration Officer (FRRO), Bangalore.