K.G. Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner herein has preferred the present writ petition seeking issuance of a writ of Habeas Corpus for production of his minor daughter, M G, who is presently three years eight months of age and is a permanent resident and natural born citizen of USA. He is also seeking a direction for return of M to the jurisdiction of the competent Courts in the United States of America in compliance with the order dated 13.01.2017 passed by the Circuit Court of Cook County, Illinois, USA. The child is presently under the custody of her mother, Respondent No. 2. Background

(2.) Petitioner is an Indian born citizen of USA since 2005. He is working as the CEO of a company called Get Set Learning. Respondent No. 2 is the wife of the petitioner and mother of M. She has the status of a US Permanent Resident and is a 'Green Card' holder, who has also applied for US Citizenship on 2.12.2016. She is a certified teacher in the State of Illinois, and was employed as a Special Education Classroom Assistant in Chicago Public Schools. The petitioner and respondent No. 2 got married on 31.10.2010 as per Sikh rites, i.e. Anand Karaj ceremony, and Hindu vedic rites in New Delhi, India.

(3.) The petitioner submits that it was understood between both the parties that the respondent no. 2 would come and live with the petitioner in the USA. Respondent No. 2 applied for and obtained a Fiancie Visa from the US embassy, showing herself as "Single (Never Married)" and her name as "K L" with her address as that of parents, in the DS-230 Form.