SHILPI GUPTA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking an appropriate writ in the nature of habeas corpus thereby directing respondents No. 1 to 5 to produce her elder son, Master Aadvik, and hand over his custody to the petitioner. Since Master Aadvik is alleged to have been illegally detained by respondent No. 4 (husband of the petitioner), a direction is also sought to the respondent authorities to take appropriate action against respondent No. 4.

(2.) Notice in this petition was issued on 29.3.2016. Pleadings are complete in this matter. With the consent of the counsel for the parties, present writ petition is set down for final hearing and disposal.

(3.) The necessary facts, to be noticed for disposal of this writ petition, are that on 20.1.2010 marriage between the petitioner and respondent No. 4 was solemnized in accordance with Hindu rites and ceremonies at New Delhi. After the marriage, the petitioner and her husband (respondent No. 4 herein) moved to the United States of America as respondent No. 4 was already residing in America and was gainfully employed there much prior to the marriage and he wished to finally migrate and settle in the said country. The parties were blessed with two sons. The elder son, being Aadvik was born on 28.9.2012, and the younger son, being Samath, was born on 10.9.2014. The present petition relates to Master Aadvik.