CAMILA CAROLINA DE MATOS Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India in the nature of habeas corpus by the petitioner, the biological mother of the minor child XXX (hereinafter referred to as 'alleged detenue'), seeking a direction to respondent No.8, her former husband, to produce the alleged detenue before this Court and hand over his custody to her. The petitioner has invoked the extraordinary writ jurisdiction of this Court, asserting that the alleged detenue is being unlawfully retained in India by respondent No.8 in deliberate and continuing violation of a binding custody order dtd. 13/11/2024 passed by the Superior Court of Justice (Family Court), Ontario, Canada.

(2.) The relevant factual backdrop, as emerges from the pleadings, is as follows;

(3.) SUBMISSIONS ON BEHALF OF THE PETITIONER: