VISHNU GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on I.A. No. 8875/2024, an application for psycho analysis of the child master Agastya Gupta.

(2.) The present habeas corpus petition is preferred by the petitioner seeking direction to the respondents to produce the Petitioner 's son before this Court and to direct return of his son to United States with the petitioner who happens to be the father with whom vests his sole custody by virtue of the order dated 4t h April, 2023 passed by the Superior Court of New Jersey, Chancery Division.

(3.) Learned counsel for the petitioner submits that while determining and adjudicating the question of custody of child, the best interest of the child is the primary and sole concern. In this endeavour, though the wishes of the child are not decisive, yet, the same plays an important role in such determination. Learned counsel further submits that the reason for preferring the instant application is that the over the last few weeks, the Petitioner has tried to contact/ communicate with his son over video-call(s) in pursuance of directions issued by the Ld. Family Court, Sehore in MJCR 114 of 2023 and MJC R 224 of 2023, wherein by order dtd. 31/5/2024, the Learned Court granted the Petitioner child access, and directed the Respondent No.2 herein (Wife of the Petitioner) to ensure that the petitioner is able to speak with the child over phone/ video-call.