GUPTA SNIZHANA GRYGORIVNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The relief sought in the present petition is to direct respondent nos.1 to 4 to trace and produce three years old Master Gupta Sameer Akhileshovych and hand over his custody to the petitioner/mother.

(2.) When this petition came up for hearing before this Court vide order dtd. 2/11/2022, directions were issued to Delhi Police to locate respondent no.5 and three years old minor son of the parties. On the next date of hearing, i.e. 14/11/2022, respondent no.5 appeared with minor son before this Court. Thereafter, present petition has been considered from time to time with regard to the interim custody of the child.

(3.) Vide order dtd. 28/7/2023, this Court had taken elaborative note of the facts of the present case. Pertinently, the child of the parties was born on 12/2/2019 in Ukraine. The District Court, Vinnystia region had granted decree of divorce to the parties on 6/5/2021. Respondent no.5/father had filed an application with regard to the involvement and contact arrangements in relation to Master Samir Akhileshovych Gupta. However, respondent no.5 on the pretext of exercising his right to un-supervised contact with Master Samir Akhileshovych Gupta, abducted the latter in gross violation to the decision of the Vinnytsia City Council dtd. 15/7/2021 and crossed the border on the 24/3/2022 into Romania from where he brought Master Samir Akhileshovych Gupta back to India. On 31/5/2022, the petitioner herein obtained a Judgment in Default from the Vinnytsia District Court which was informed that Master Samir Akhileshovych Gupta was living in India with respondent no.5. This led to the filing of the present habeas corpus petition by the petitioner.