NANCY THANKACHAN Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner is the mother of a minor girl child by name Syna Rose Sijo, aged 3 years. The mother is a citizen of the United States of America. The 5th respondent is also a US citizen and the husband of the petitioner. They are both settled in USA. The petitioner is working as a Respiratory Nurse in Pennsylvania, America. The child was born on 03.08.2013 in the USA and she was with the petitioner and the 5th respondent. The relationship between the petitioner and the 5th respondent has become strained and they are both living separated, at Pennsylvania, America. While so, according to the petitioner, on 15.05.2015, the 5th respondent brought the detenue to India, making the petitioner believe that, he wanted to show the child to his parents. However, he did not bring back the child to USA. The petitioner was therefore trying to ascertain the whereabouts of the minor child. The petitioner was later on told that the child would be brought back shortly thereafter. When it became clear to the petitioner that, the 5th respondent had no intention of bringing the child back to USA, she has come to India and filed the above writ petition.

(2.) According to the petitioner, she is working in the United States of America. She has a steady job and a good salary. The 5th respondent is also there, while the child is left in India with his parents. She wants the custody of her minor child. According to her, the child is being detained illegally by respondents 4 and 5.

(3.) Respondents 4 and 5 have entered appearance through counsel. A counter affidavit has also been filed. According to the counsel for the 5th respondent the petitioner is an alcoholic. She is prone to irresponsible behaviour and violence, after consuming alcohol. She has even refused to breast feed her child. Therefore the child was all along in the care and custody of the 5th respondent. He was the person who was feeding her and attending to all her personal needs. He was taking care of her with all love and affection. Though the 5th respondent had left for India with the child on 15.05.2016, the petitioner did not care to enquire about the wellbeing of the child or her whereabouts. The child is residing very happily with the parents of the 5th respondent. She has been admitted to Vidya Pre-primary School at Ollur. It is also contended that, the custody of the father is not an illegal custody and therefore, there is no justification for the prayer in this writ petition that the child should be handed over to the petitioner after releasing her from the custody of the 5th respondent. Various other allegations are also made against her.