2023 PLRonline 0004, (2023-1)209 PLRIJ 059 . Subscription required to download judgment
Habeas Corpus Petition has been filed under Article 226 of Constitution of India , by father seeeking for an issue of a writ of Habeas Corpus to secure the minor sons from the illegal custody of the mother and to produce the bodies of the minor children and hand over the custody of the said minor childrens to him , so that they can be taken to the United States of America where they were living and studying in school since they are the citizens of the said country.
Best Interest of Child – Scope of
Habeas Corpus Petition – Is maintainable and High Court can invoke its extraordinary jurisdiction for the best interests of the children
Children in question are now aged about 14½ years and they are naturalised US citizens with an American passport and their parents are also holders of American citizenship – Children are also slowly losing touch with the petitioner-father and we shudder to think as to what impression they will be carrying about the petitioner, since they are in the grips of their mother – The continuance of the present status, will damage the progress of these children, not only in terms of academics, but more on their emotional quotient – The children are now living in an environment, which is alien to them, since the best part of their life, for nearly 13 years, was spent only in the USA – Best interest of the children can be ensured only if the children return back to their native country viz., USA – The children, who are naturalised American citizens, were brought up in the social and cultural value milieu of USA and they are accustomed to the lifestyle, language, customs, rules and regulations of their native country and they will have their better avenues and prospects only if they return back to USA – The children have not developed roots in India and hence, no harm will be caused to them if they return back to USA – Respondent-Wife is directed to take immediate steps to ensure that the children return back to USA and this process be completed within a period of six weeks