Minor Child – Habeas Corpus Petition of father for custody & repatriation to USA
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On 6.12.2023, the wife had suddenly withdrawn the girl from the school and flew to India without intimation and consent of the husband / father.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
