ABHAY Vs. NEHA JOSHI

JUDGEMENT

(1.) This petition is filed by the father of a minor child ("Aaryan"), seeking a writ of habeas corpus for directing respondent no.1-mother ("respondent") to produce Aaryan before this court. At the time of filing of the petition on 30/12/2020, Aaryan was one year old. By way of amendment, the petitioner seeks a direction against the respondent to handover physical custody of Aaryan to the petitioner for taking Aaryan along with him to the United States of America ("the US") in compliance with the order dated 26 th January 2021 of the 470th Judicial District Court of Collins County, Texas. By way of amendment, the petitioner has also prayed for directing respondent to hand over all the official documents of Aaryan, including his original passport, visa, etc., to the petitioner. Presently, Aaryan is around 3 1/2 years old. FACTUAL ASPECTS:

(2.) Respondent is the petitioner's wife and mother of Aaryan. The petitioner and respondent are citizens of India; however, they are permanent residents of the US. Aaryan is a citizen of the US by birth. The petition was filed on 30/12/2020 as the respondent had refused to allow the petitioner to meet Aaryan and refused to return to the US along with Aaryan.

(3.) Before dealing with the rival contentions of both parties, it is necessary to note the status regarding access/physical custody granted to the petitioner during the pendency of the petition.