GULNAR JOSHI Vs. STATE OF GOA

JUDGEMENT

(1.) The Petition filed by the Petitioner, invoking Sec. 528 of the Bharatiya Nyaya Suraksha Sanhita, 2023, seek issuance of a Writ of Habeas Corpus against Respondent nos. 1 to 3, to retrieve the Corpus, Iman from the custody of Respondent no. 4, his father, for his production before this Court forthwith. The Petition also seek a direction that the custody of the Corpus may be restored to the Petitioner so as to enable him to continue with his on going school activity in Canada and also to hand over his passport to the Petitioner, she being the custodial parent.

(2.) We have heard learned Senior Counsel Ms. Arundhati Katju, through video conferencing, along with Ms. Caroline Collasso, who attended the proceedings in the Court. The Respondent nos. 1 to 3 are represented by Mr. Pravin Faldessai, the Additional Public Prosecutor whereas Mrs. A. A. Agni, learned Senior Advocate along with Ms. A. Harihar, represented Respondent no. 4.

(3.) The marriage between the Petitioner and the Respondent No. 4 was solemnized on 1/10/2000 at Goa as per Hindu traditions and the marriage was registered at the office of the Registrar of Marriages at the Union Territory of Chandigarh. Two children are born out of the wedlock, the elder one born on 19/6/2003 whereas Mast. Iman, the Corpus in the Petition was born on 26/7/2009, who as on date is 4 months away from touching 16th year of his age.