SAHIL RAJU GILANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition filed by the father of a girl child 'S' for the writ of Habeas Corpus. By way of interim order, the Petitioner has sought directions restraining the Respondent No.2 who is the mother of the child and the Petitioner's wife from taking away the minor girl outside the territory of India. Another prayer in the nature of interim relief is for the directions regarding access of the minor girl.

(2.) Heard Mr. Aabad Ponda, learned Senior Counsel for the Petitioner, Mr. Yagnik, learned APP for the State/Respondent No.1 and Mr. Harish Salve, learned Senior Counsel for the Respondent No.2.

(3.) The facts mentioned in the petition are that the Respondent No.2 was born in Pakistan. She became an Indian Citizen on 7/6/1995 and she was issued an Indian Passport on 28/8/1995. After that, she surrendered her Indian citizenship and became a U.S. National on 17/12/2007. The Respondent No.2 currently lives in India with an American Passport and travels with a PIO (Person of Indian Origin) Card which has expired on 24/3/2023. It is mentioned in the petition that the Respondent No.2 had applied for an OCI card on 27/6/2017, but FRRO rejected that application and had directed her to apply for an Indian VISA. The issue is pending before the Delhi High Court in Writ Petition (C) No.2063 of 2019 as the FRRO had initiated steps to cancel her PIO card. It is further mentioned in the petition that the Respondent No.2 is a fashion stylist, having a Bachelor's Degree from USA. She is a business woman and also works in Hindi film industry. She is an influencer on social media and because of her nature of work she has to travel frequently. According to the Petitioner, she does not have any fixed place of business and she has no concrete roots in India either on personal level or on the professional level.