STEPHANE GHEORGHE VASSIL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who is a French national has filed this petition for a writ of habeas corpus directing the respondents i.e. Union of India, State of Maharashtra and Ms. Mohua Roy to produce the minor child Karan and also to hand over the custody of the said minor child Karan to the petitioner.

(2.) IT is an agreed position before us that; though not married, the petitioner and respondent no.3 Ms.Mohua Roy had relations with each other and minor child Karan was born to respondent No.3 and the father of the child is the present petitioner.

(3.) IN pursuance to the said notice the 3rd respondent has appeared before this court alongwith the minor child Karan. IN fact by an order dated 18th October, 1995 the petition was admitted. We had also directed that respondent no.3 shall keep the petitioner informed about the place of her residence where she will be staying alongwith the minor child Karan through the petitioner's advocate Shri Rebello. It is relevant to notice that in the very order we had made it clear that the pendency of this petition and the orders passed therein shall in no way affect the right of the petitioner or the 3rd respondent to approach any court of competent jurisdiction for custody of the minor child Karan.