NAVTEJ SINGH Vs. STATE OF NCT

JUDGEMENT

(1.) The petitioner herein has preferred the present writ petition seeking issuance of a writ of Habeas Corpus for production of his minor children, Ishnoor Kaur and Paramvir Singh, who are presently of ages five years and one year respectively. Ishnoor who was born in U. S. A on 27. 08. 2012 is a permanent resident and natural born citizen of U. S. A, while the minor Paramvir Singh was born in New Delhi on 12. 09. 2016. He is also seeking a direction for return of Ishnoor and Paramvir to the jurisdiction of the competent Courts in the United States of America (U. S. A. ) in compliance with the orders dated 17. 11. 2016 and 25. 01. 2017 passed by the Superior Court, Judicial District Stamford/Norwalk at Stamford, Connecticut (CT), U. S. A. The children are presently under the custody of their mother, respondent No. 2.

(2.) Petitioner is an Indian born citizen of U. S. A. Respondent No. 2 is the wife of the petitioner and mother of Ishnoor and Paramvir respectively. She is also an Indian born citizen of U. S. A. Both hold American Passports.

(3.) The petitioner and respondent No. 2 got acquainted while studying in U. S. A in the year 2000. The petitioner was then pursuing a degree in Mathematics, Computer Science and simultaneously completing his studies in pre-medical. Respondent no. 2 was also pursuing a degree in Computer Science from Hunter College, U. S. A. Both the petitioner and the respondent No. 2 got enrolled in a dental school in the years 2003 and 2005 respectively. The petitioner and respondent no. 2 got married on 22. 08. 2006 in New York as per U. S. Civil laws and thereafter obtained a certificate of registration of their marriage dated 22. 08. 2006 from the Marriage License Bureau, The City of New York, U. S. A. The petitioner and respondent No. 2 subsequently, in a religious ceremony remarried on 2 12. 2007 at New Delhi (Delhi), India. The respondent no. 2 thereafter obtained the citizenship of U. S. A. post her marriage with the petitioner. The petitioner and the respondent no. 2 continued to reside in their permanent residence and matrimonial home situated in Connecticut, U. S. A. from 22. 08. 2006 onwards.