PREETI KAUSHALAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition seeking writ in the nature of habeas corpus for securing the custody of seven months old girl child who is at present under the custody of her father i.e. respondent No.5 who is residing in Netherland. Facts of the case in short are as under:

(2.) The marriage of the petitioner was solemnized with the respondent No.5 under Hindu rituals and customs on 8/12/2016 at Maheshwar. After the marriage, the petitioner went to the house of in-laws at Khargone. According to the petitioner, after two days of the marriage, she was subjected to cruelty for demand of dowry of Rs.20,000,00.00 (Rupees Twenty Lacs). Thereafter, she shifted at the work place of respondent No.5 at Paris (France). She came back to Khargone and thereafter the respondent No.5 shifted Abu Dhabi (Dubai) and after two and half years they were shifted to Netherland. She became pregnant at Netherland and on 6/5/2021 she gave birth a daughter (Jenika). She was subjected harassment and cruelty by the respondent No.5 for which the Netherland police has directed to respondent No.5 to remain away from the petitioner and her child. Since, the petitioner was unable to survive without financial support so she left the Netherland and came back to India. According to the petitioner under local Rules and Laws, she was not permitted to travel with child to India without the consent of the respondent No.5. Since it was impossible to her to reside in Netherland without any source of income, therefore, she had no option but to return India without her child on 11/11/2021. Since than infant child is in the custody of her father i.e. respondent No.5. The petitioner has got registered the case under Sec. 498-A, 506 of IPC and Sec. 3 & 4 of Dowry Act against the respondent No.5 and his family members at Police Station Maheshwar on 3/1/2022. Now the petitioner has filed the present petition seeking writ of habeas corpus in order to secure the custody of the minor child.

(3.) Notices were issued by this Court, has not been served to the respondent No.5 through Embassy.