NAVEEN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the three matters raise the dispute between the same parties, therefore, they are being decided by this common judgment.

(2.) D.B. Habeas Corpus Petition No.106/2015 has been filed by the petitioner-husband praying for issue of a writ of habeas corpus directing respondent no.2 Meenal Bhargav alias Sharma to produce before the court the minor child Pranav Sharma, permanent resident of Canada and a citizen of U.S., (whose date of birth is 22.08.2009) and cause his return along with the respondent no.2 to the jurisdiction of the Court of Canada in compliance of the orders dated 02.04.2015 and 16.04.2015 passed by the Superior Court of Justice, Family Court Hamilton, Ontario in File No.3173/2014 to enable him (the minor child) to go back to Canada and upon her failure to do so, the respondent no.2 be directed to handover the custody of the minor child Pranav Sharma to the petitioner to enable him to take the minor child Pranav Sharma back to the jurisdiction of Ontario Court, Canada. Further prayer is made for a direction to the respondent no.2 to handover the requisite documents such as PIO card and passport and other travel documents of the minor child Pranav Sharma, which are in her custody, to the petitioner-father in order to facilitate return of the minor child Pranav Sharma to Ontario, Canada.

(3.) D.B. Civil Contempt Petition No.1846/2017 has been filed by the petitioner praying for initiating contempt proceedings against the respondent Meenal Bhargav for having willfully and intentionally violated the terms of the final consent order dated 17.12.2015 and award appropriate punishment by sentencing her to imprisonment in accordance with the provisions of the Contempt of Courts Act, 1971. Further prayer is made for repatriation of the minor child back to USA in consonance with the terms and conditions as agreed vide consent final order dated 17.12.2015.