(Per Sarang V. Kotwal, J.)
1. This is a petition filed by the father of a girl child ‘S’ for
the writ of Habeas Corpus. By way of interim order, the Petitioner
has sought directions restraining the Respondent No.2 who is the
mother of the child and the Petitioner’s wife from taking away the
minor girl outside the territory of India. Another prayer in the
nature of interim relief is for the directions regarding access of the
minor girl.
2. Heard Mr. Aabad Ponda, learned Senior Counsel for the
Petitioner, Mr. Yagnik, learned APP for the State/Respondent No.1
and Mr. Harish Salve, learned Senior Counsel for the Respondent
No.2.
3. The facts mentioned in the petition are that the
Respondent No.2 was born in Pakistan. She became an Indian
Citizen on 07.06.1995 and she was issued an Indian Passport on
28.08.1995. After that, she surrendered her Indian citizenship and
became a U.S. National on 17.12.2007. The Respondent No.2
currently lives in India with an American Passport and travels with
a PIO (Person of Indian Origin) Card which has expired on
3 of 23 1-wp-2364-24+(J)
24.03.2023. It is mentioned in the petition that the Respondent
No.2 had applied for an OCI card on 27.06.2017, but FRRO
rejected that application and had directed her to apply for an
Indian VISA. The issue is pending before the Delhi High Court in
Writ Petition (C) No.2063 of 2019 as the FRRO had initiated steps
to cancel her PIO card. It is further mentioned in the petition that
the Respondent No.2 is a fashion stylist, having a Bachelor’s
Degree from USA. She is a business woman and also works in
Hindi film industry. She is an influencer on social media and
because of her nature of work she has to travel frequently.
According to the Petitioner, she does not have any fixed place of
business and she has no concrete roots in India either on personal
level or on the professional level.
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