GAURAV GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petitioner as father of two minor children has sought a writ of habeas corpus against the respondent No. 4, who is the wife and the mother of the two minor children.

(2.) Learned Senior Advocate appearing for the writ petitioner has contended that, the minors were in the custody and control of the respondent No. 4 till they were illegally removed by the respondent No. 4 from Kolkata to Calcutta 2 nd of September 2024 01:10:32 PM presently at Bhopal. He has contended that, the present custody of the children with the respondent No. 4 is wrongful and illegal.

(3.) Referring to the facts of the case, learned Senior Advocate appearing for the writ petitioner has submitted that, marriage between the writ petitioner and the respondent No. 4 took place on December 10, 2006 and solemnized under the Hindu Marriage Act, 1955. The first child was born on September 15, 2012 at England. Parents had thereafter relocated and settled in Kolkata. The first child had been admitted at a school in Kolkata and continues to be a student of such school. Second child was born on October 18, 2017 at Kolkata.