N. PAVAN KUMAR Vs. R. MAHESWARI

JUDGEMENT

(1.) The petitioner and the respondent, who were already living in the United States of America, got married on 18/11/2010 in Tirupati. Thereafter, they had moved to the state of Michigan, where their son (herein referred to as the "child") was born on 2/10/2014.

(2.) As differences arose between them, the petitioner herein approached the Third Judicial Circuit of Michigan (herein referred to as the "Court of Michigan"), for dissolution of his marriage with the respondent herein, as well as for the custody of their child. A consent order was passed on 21/1/2016, wherein the marriage was dissolved and the terms of the custody of the child were also fixed.

(3.) The petitioner moved to India along with the child on 12/6/2017 and lived with the child in Tirupati. Subsequently, the respondent came to India and filed a writ of Habeas Corpus numbered as W.P.No.30964 of 2018, claiming that the terms of the order of the Court of Michigan required the custody of the child to be rotated between the respondent and the petitioner on a three monthly basis and that the child could not have moved out of the USA as there was a restraint order in the consent order mentioned by both the petitioner and the respondent, wherein the child could not have been moved out of the USA.