KIRAN LOHIA Vs. STATE

JUDGEMENT

(1.) Present application has been filed by the petitioner Ms. Kiran Lohia to restrain her father-in-law, respondent no. 5 from leaving the jurisdiction of this Court and for a direction to respondent no. 5 to deposit his passport with this Court. Keeping in view the fact that the CBI has already opened a Lookout Circular (In short, "LOC ") against respondent no. 5, the present application is infructuous and it accordingly stands disposed of. In the event of change in circumstances, the petitioner is given liberty to file appropriate proceedings.

(2.) In the present application, it has been averred that in cases of violation of child custody orders, only civil contempt and not criminal contempt lies. It is further averred that a biological parent can never be accused of kidnapping his/her own child and a writ of Habeas Corpus is not maintainable against a biological parent. In support of this submission, applicant-respondent no. 4 relied upon CBI's affidavit filed before the High Court of Bombay in Criminal Writ Petition No. 4086/2016 wherein it had been stated that the father being the natural guardian of the minor daughter cannot be charged for the offence of kidnapping. It is stated in the present application that the aforesaid statement of the CBI had been accepted by the High Court of Bombay and the said petition had been disposed of accordingly. The order passed by the High Court of Bombay in Criminal Writ Petition No. 4086/2016 is reproduced hereinbelow:-

(3.) It is also averred in this application that this Court did not have the territorial jurisdiction to hear the present case as the petitioner, applicant-respondent no.4 and their minor daughter Baby Raina were all foreign nationals. It is emphasised in the present application that the applicant-respondent no.4 is an Ambassador of International Intergovernmental Institution for the Use of Micro-Algae Spirulina Against Malnutrition (hereinafter referred to as 'IIMSAM'), which is a permanent observer to the United Nations Economic and Social Council under ECOSOC Resolution 2003/212 dated 5th March, 2003, designated by the United Nations Economic and Social Council under Rule 79 of the Council's Rules and Procedures and as per The Vienna Convention on Diplomatic Relations, 1961, a diplomatic agent enjoys immunity from criminal prosecution.