M Vs. STATE OF NCT AND ANR.

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, seeking issuance of a writ of habeas corpus is by a German national who states that his wife Respondent No.2, an Indian national, on 10th April 2018, brought away their minor daughter (hereafter "the child") to India from Dubai where they were residing without his knowledge and on an emergency travel document issued in favour of the child by the Consulate General of India ("CGI") in Dubai. He prays for a direction to the Respondents to produce the child before the Court and hand her custody over to him. It is further prayed that Respondent No.2 and the child be allowed to return to Dubai, United Arab Emirates ("UAE").

(2.) In this judgment, the names of the parties and some of their personal details have been withheld/anonymised, in order to respect their privacy. Access to the records of this case will be available only to the parties.

(3.) It is pertinent to note at the outset that although orders in this matter were initially reserved on 22nd May 2018 having heard both parties on merits, this Court by the order dated 1st June 2018 deemed it necessary for both parties to address it further on "working arrangements that can be put in place, within the framework of law, in the event the Court agreed either with the Petitioner or with the Respondent No.2, the main consideration being the welfare of the child". Thus, both parties were directed to file their written notes of submissions in that regard and share advance copies of the same with each other. The matter was then listed on 6 th July 2018, on which date the Court was made aware of several developments that had taken shape in the intervening period.