Saturday, March 7, 2026
Latest:
2024High CourtJune 2024LatestLegal

Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA

legaldeli

After their marriage on 16.1.2015 at Pune, the petitioner and the wife shifted to USA.  On 24.6.2016, they were blessed with the girl.

In 2023, they had fallen apart.   The petitioner-husband filed petition before the USA Court for minor child.   Parenting Coordinator was appointed.  Temporary parent arrangement for the parents for joint physical custody on a week on week off basis was given.   The father had fully participated in the daily activities of the child and took her for vacations between 5.9.2023 to 6.12.2023.

On 6.12.2023, the wife had suddenly withdrawn the girl from the school and flew to India without intimation and consent of the husband / father.

On 14.12.2023, the USA Court granted a motion of the husband for ex parte emergency custody.  The wife did not appear in the USA case on 4.1.2024.

In India, the wife filed criminal complaint against the husband and the husband also filed criminal complaint against wife.

On 5.1.2024 The wife filed custody petition in the Family Court, Pune, in which the husband had recorded his appearance and opted for mediation.

On 19.1.2024, the USA had permanently granted sole custody of the girl to the husband and issued notice to the wife for wilful civil / criminal contempt.

India is not signatory to Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), 1980 – As regard non-convention countries, the law is that the Court in the country to which the child has been removed must consider the question on merits bearing the welfare of the child as of paramount importance and reckon the order of the foreign court as only a factor to be taken into consideration, unless the court thinks it fit to exercise summary jurisdiction in the interests of the child and its prompt return is for its welfare.

Judgment dated 7.5.2024 of the Bombay High Court in Criminal Writ Petition No.341 of 2024 of Abhijit S. Shingote Vs. The State of Maharashtra and others

 

You May Also Like

Banks Vs. Home Loan Borrowers Vs. Return of original documents after loan is fully paid = Hardship & Inconvenience

legaldeli

Arbitration cannot be invoked by few members of a housing society

legaldeli

Prevention of Corruption Act – Licensed Stamp Vendor – Demand of excess Rs.2/- for Rs.10/- Stamp paper.

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree