BHARAT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Habeas Corpus Petition under Article 226 of the Constitution of India is filed by the petitioner seeking following reliefs:-

(2.) Brief facts of the case are that the petitioner and the respondent No.4 got married on 25/2/2012 and started residing in Australia and from their wedlock, a male child was born on 16/2/2016. It appears that on account of some dispute between the petitioner and the respondent No.4, the respondent No.4 left Australia and is residing with her parents in Jodhpur since 25/7/2018. While leaving Australia, she took the minor child with her and since then, the minor is residing with her mother.

(3.) In between, an FIR was registered at the instance of the respondent No.4 and after arriving at a settlement, a mutual divorce petition under Sec. 13(B) of the Hindu Marriage Act was filed on behalf of the petitioner and the respondent No.4, wherein the Family Court No.1, Jodhpur granted a decree of divorce vide judgment 17/2/2020.