ANEESHA DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) The present applications filed before us are the ones amongst several cases fighting battle for custody of the children on account of estranged relationship between the husband and wife. A petition seeking custody of the three children viz.Anav, Arshiya and Ahren came to be instituted in this Court in the year 2012 by wife - Aneesha alleging that the husband has whisked away the children and the petition was in the nature of habeas corpus. After hearing, the petition came to be disposed off after an attempt was made, to work out settlement between the parties and the Division Bench of this Court on 22 nd August, 2012 helplessly observed that settlement is not possible between the parties. However, in order to permit the children to accompany their mother, since the children were minor at the relevant time and were enjoying dual citizenship of Thailand and USA, the Court imposed stringent condition that the passports of the children and Overseas Citizen of India Card (O.C.I.cards) of all the three children be deposited in the Registry of this Court and whenever the occasion arises, it would be put to use. The said order came to be modified by passing further order on 29 th August, 2012 wherein a stipulation was introduced in the initial order that the children will not be taken out of the Country by any party without notice or written permission of the other party. The writ petition was disposed off with an expectation that the custody petition would be disposed off by the concerned competent Court expeditiously.

(2.) The present criminal application No.245 of 2019 is taken out by the mother seeking permission to take her 11 year old son - Ahren out of the country to visit her ailing father, who is stationed in Thailand. We are conscious of the fact that prior to this occasion, on six occasions, such applications were dealt by this Court and amongst these, on five occasions, the child was allowed to travel, except on one occasion, where he was allowed to travel along with the officer of the Court. Thus, on six occasions, Ahren was permitted to travel abroad. We have also noted the orders, where daughter- Arshiya was also allowed to travel and since the elder son has now attained majority, he continues to stay and pursue his education in the United States.

(3.) While we were in amidst of hearing of this petition, another application No.296 of 2019 is filed by the husband - Ashu Dutt, wherein a relief is sought to the effect that the daughter-Arshiya may be permitted to travel abroad for a period of 3 months for the period between 15th June, 2019 to 13th August, 2019.