SAPNA GEHLOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India the petitioner-mother is praying for the writ of habeas corpus by urging to this Court to produce her minor children namely Leon Gillian Singh Gehlot, Paurush Singh Gehlot and Thaarun Singh Gehlot. Minor children and mother are all citizens of New Zealand and father has a status of permanent resident of New-Zealand. The petitioner seeks an order of return of minor children in consonance with the guardianship order dtd. 4/10/2019 passed by the High Court of New Zealand in SG vs. GSG, (2019) NZHC 2523 and other order dtd. 11/10/2019 on the ground that the children's removal and retention in India by the respondent Nos.2, 3 and 4 is completely illegal and wrong.

(2.) The facts which led to the present petition are in a capsulized form produced hereinafter:

(3.) Before this Court on 19/8/2020, the learned advocate, Mr.Karmendra Singh appearing for the petitioner had urged that in a blatant manner, there is an attempt to avoid implementation of the order of the New-Zealand High Court and the mother is sent from post to pillar to get the custody of the children. The Family Court also in Miscellaneous Application rejected the main petition for custody vide its order dtd. 2/11/2018 under Order VI Rule XI of the Code of Civil Procedure and rejection of request for grant of custody of children by the husband has not succeeded and further challenge has not been made by him.