KARTHIKEYAN KANDAVELOU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Petitioner seeks a direction to the respondents to produce the minor child Meenakshi Kandavelou daughter of the petitioner and the 3rd respondent aged about 3 years and set her at liberty and entrust her into the custody of the petitioner and further permit the repatriation of the minor child to her native jurisdiction of USA in accordance with the order passed by the Supreme Court of the State of New York County of Westchester on 23.06.2005.

(2.) The facts of the case are as follows:-

(3.) The learned senior counsel appearing for the petitioner would submit that the petitioner and the 3rd respondent got married on 28.06.2006 at Vedapureeshwarar Temple, Pondichery according to Hindu Rites and Custom and it was an arranged marriage. Initially they stayed at Connecticut State till 2009 and thereafter they moved to New York in the year 2011, where they purchased a house at New York in both their name. The petitioner and the 3rd respondent are Green Card Holders in USA. Due to medical complication, the conception of the child was delayed and eventually through IVF (Test Tube) a girl child was born to them on 26.05.2012 at New York, who was named Meenkashi and at present she is 3 years old and the girl child is a citizen of New York by birth.