RAMAKRISHNA BALASUBRAMANIAN Vs. PRIYA GANESAN

JUDGEMENT

(1.) THIS Habeas Corpus petition has been filed on behalf of ramakrishnan Balasubramanian by his father, who is the attested power of attorney holder. First respondent is the wife of ramakrishnan Balasubramanian. Respondents 2 and 3 are police officials.

(2.) PRAYER is for a direction to the respondents to secure the daughter of ramakrishnan Balasubramanian and Respondent no. 1. The marriage between Ramakrishnan balasubramanian and respondent No. 1 took place in India on 4-7-1999. Thereafter the couple lived in United States of America. The daughter was born on 26-3-2004. Respondent No. 1 has filed a petition for divorce in the year 2006 in the Court of Pennsylvania in United States

(3.) AFTER service of notice, respondent No. 1 has entered appearance and filed a counter affidavit. Marriage of the parties in India and subsequent birth of the child in United states of America is admitted. It is, however, stated in the counter that her husband had subjected her to extreme harassment and cruelty as a result of which she was forced to leave ynited States of America and come back to India. It has been further stated that O. P. No. 193 of 2007 has been filed before I Addl. Family Court seeking for dissolution of marriage as well as custody of the child and alimony. It has been further stated that even though divorce proceedings had been initiated in September, 2006 in United States of America, she cannot continue the same as she is unable to live in United States of America due to the conduct of the husband. It has been further stated that there is no order of legal separation between the parties and the proceedings were pending at the time when she came to India. It is alleged that the conduct of the husband was unbearable and she was subjected to cruelty and was left with no resources and she was employed in a part-time job in a bank to take care of the minor child. It has been further stated :-