In the instant case, a writ of habeas corpus was filed before the High Court seeking the production of the 10-year-old daughter of the petitioner father and to permit him to take the daughter with him to Canada, where she was born.
In 2017, the respondent-mother had filed a petition seeking divorce in Canada. The Canadian court directed that the mother could have temporary access to the child, and with the father’s consent, the mother and daughter travelled to India in 2018, and were supposed to go back to Canada in about 2 months.
However, the mother lodged a complaint against the father for offences under Sections 498A (husband or relative of husband of a woman subjecting her to cruelty), 341 (wrongful restraint), 504 (intentional insult), 506 (criminal intimidation), of the Indian Penal Code and under the Dowry Prohibition Act. The petitioner moved back to Canada and informed the Canadian court about the events that had transpired in India.
The court in Canada directed the mother to return with the child, and to return the custody of the child to the father. In 2018, the superior court of Canada granted sole custody of the child to the father, and directed the mother to send the child immediately to the father along with her passport and other documents.
Source: Barandbench
