CHANDAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed the present writ petition under Art. 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure seeking a writ in the nature of habeas corpus for production of his minor son Archit Mukund Mishra and for returning him to the jurisdiction of California, United States (USA).

(2.) The case of the petitioner as set out in the writ petition is that the marriage between the petitioner and respondent no.4 was solemnized on 20.04.2008 and started living together in California, USA from May, 2008. The respondent no.4 was a trained dental surgeon and sought admission in a dental school to practice in the USA. She repeatedly sat for entrance examinations, but was unable to secure admission owing to low scores. This led to a change in her behaviour as she became abusive and used to blame the petitioner for scoring poorly in her exam. Thereafter, respondent no. 4 became pregnant in Sept., 2008 and gave birth to Arch it (hereinafter referred to as the 'minor child') on 204.2009 by caesarean section. As per the petition, since respondent no.4 was recuperating from her surgery, the sister of the petitioner joined the couple and she along with the petitioner used to take care of the minor child and housework.

(3.) It is the case of the petitioner that even after recovering, the respondent no.4 neglected the welfare of the minor child and focused only on preparing for her entrance exams. The welfare of the minor child was looked after by the petitioner and his mother. When the respondent no.4 gave her second attempt at the entrance exams of dental school in July, 2009, she scored even worse than before which led to her behaviour deteriorating and she started taking out her anger on the minor child on several occasions.