The writ petitioner Shahnawaz Alam has filed this writ application under
Article 226 of the Constitution of India seeking issuance of writ of Habeas
Corpus with a direction to the Respondent No. 2 – Aabshar Ummul Khair Imam
to restore the custody of his minor daughter to him and to facilitate her
repatriation to Dubai, United Arab Emirates, her ordinary and habitual place of
residence in light of the judgment dated 26.12.2024 passed by the competent
Dubai Court.
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2. The case of the writ petitioner is that he was married to the Respondent
No. 2 on 25.05.2016, according to the Muslim rites and customs in Jamshedpur,
India. After their marriage, they mutually agreed to establish their matrimonial
home at Dubai, where they are living since 12.06.2016. On 06.01.2019, the
petitioner and the Respondent No. 2 were blessed with a daughter, who
presently is about 5-6 years old. The petitioner had provided the Respondent
No. 2 and his daughter with luxurious life style and took care of all their needs.
The petitioner got his daughter enrolled in kindergarten at Uptown International
School, Mirdif, Dubai with academic sessions scheduled to commence on
28.08.2023. His minor daughter benefits significantly by virtue of being a
permanent resident of United Arab Emirates which includes high valued health
insurance with multi geographic coverage. She also has access to top tier
international school with choice of diverse curriculum. On 07.07.2023, the
petitioner along with the Respondent No. 2 and their minor daughter came to
Kolkata. It was mutually agreed that the Respondent No. 2 and their minor
daughter would stay in Jamshedpur for a brief period of about two months
during the summer vacation of the minor child. On 10.07.2023, the petitioner
returned to Dubai. A day prior to his return, the Respondent No. 2 disclosed her
unilateral decision out of her own volition not to return to Dubai, but to
continue to remain in Jamshedpur, India. On 05.08.2023, the petitioner came to
India intending to bring the Respondent No. 2 and their minor daughter back to
Dubai. He requested the Respondent No. 2 to return to Dubai as their
daughter’s school was scheduled to start on 28.08.2023. However, she refused
to do so. It is the further case of the petitioner that his minor daughter wants to
return to Dubai, but she has been wrongfully restrained by the Respondent No.