Shivangi Prakash –
Published on: September 2, 2021, at 14:55 IST
A Habeas Corpus petition filed by a US resident seeking custody of his minor child, an American citizen, from his estranged wife was granted by the Punjab and Haryana High Court.
The natural process of grooming in the native country’s environment, according to the Court, is essential for the thorough and favorable development of a child’s mental and physical abilities.
The Punjab & Haryana High Court, on the other hand, has delegated the matter of child guardianship to a US court.
In this case, the minor boy and his mother had traveled to India for treatment, but she refused to return with him to her husband’s company.
Justice Arun Kumar Tyagi passed the order while allowing a petition filed by Kiran V Bhaskar, currently employed as a senior software engineer in Walmart Labs, Bentonville, Arkansas, USA, and a permanent resident of Benton Country, Arkansas USA.
The father had filed a habeas corpus petition to have his minor son released from his wife’s and in-laws’ “illegal custody.”
The man sought custody of his minor son, who was residing with his wife in Gurgaon, through a habeas corpus plea filed in the Punjab and Haryana High Court.
During the case’s hearing, the High Court nominated Anil Malhotra as an amicus curiae to help the Court with the matter. Malhotra spoke on the phone with both husband and wife several times.
After speaking with them, the amicus discovered that there is no changeable stand or neutral position that is acceptable to both parties.
Following a hearing with all parties, the High Court ordered the wife to return to the United States with their minor child on or before September 30, with the petitioner covering her and their minor child’s travel and incidental expenses throughout their stay in the United States.
The High Court underlined that if the wife did not return to the United States by October 1, she was required to turn over custody of the minor child and his passport to the petitioner.
“On return of the minor child to the USA, either of the parties shall be at liberty to revive the proceedings before US Court for appropriate orders regarding the appointment of guardian and grant of custody of the minor child,” the High Court ordered.
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