(1.) The present criminal writ petition under Article 226 of the Constitution of India has been filed for the issuance of a Writ in the nature of Habeas Corpus directing the respondents to produce the minor girl child of the petitioner i.e. Avneet Turka (aged 4-1/2 years) daughter of Sh. Avikash Turka resident of H.No.174, Sector D, Defence Colony, Ambala Cantonment and handover the custody of the minor child to the petitioner, who is the mother and natural guardian of the child.
(2.) The brief facts as emanating from the petition are that the petitioner who was born in Shahbad, District Kurukshetra got married to Avikash Turka son of respondent nos.7 and 8, resident of 174, Sector D, Defence Colony, Ambala Cantonment on 15.12.20213 at Gambhir Farms, Shahbad, District Kurukshetra. Immediately after the marriage the petitioner and Avikash Turka immigrated to Australia and after three years of the wedlock a female child i.e. Avneet Turka was born on 1/8/2017 at Mater Hospital, South Brisbane, Queensland, Australia. The details of the passport of the minor child are attached as Annexure P-3. Meanwhile, the petitioner qualified as a nurse with a Bachelor Degree in Nursing from Griffith University, Brisbane, Queensland, Australia and has been working at RSL Remembrance Village, Mount Austin, New South Wales, Australia drawing an annual salary of Australian Dollar 67,000/-.
(3.) Though there was marital discord between the couple from time to time, however, the petitioner who was residing in Australia along with her husband travelled to India to meet her family and relatives between 29/4/2019 to 13/5/2019. Her parents-in-laws i.e. Respondent nos.7 and 8 would also travel to Australia for visiting the petitioner, her husband and their child Avneet Turka.
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