- (1.) Heard the parties finally.
(2.) This writ petition has been filed for issuance of a writ in the nature of Habeas Corpus for protection of minor female child-Mitali born out of wedlock of Petitioner-Amit and Sheena-Respondent No. 3, and for directing Sheena to produce Mitali before the High Court of New Zealand at Auckland in view of order dated 17,6.2010 passed by that Court under the Care of Children Act, 2004.
(3.) Mr. H.K. Mehta, learned Counsel, appearing for Amit submitted as follows. In view of the said order of New Zealand High Court, Sheena be directed to produce Mitali before that Court. Mitali is a New Zealand citizen by birth who has been illegally detained by Sheena at Ranchi, Mitali being a citizen of New Zealand will have several privileges and benefits of education/medical facility, etc, in that country, Amit is financially superior than Sheena and Mitali is the nominee of Amit, in several monetary benefits. For the welfare of Mitali, her custody should be handed over to Amit. Sheena has filed a case for maintenance which shows that she is not in a position to maintain the child properly. All these matters are to be examined by the High Court of New Zealand and therefore in terms of the judgment of Shilpa Aggrwal (Ms) v. Aviral Mittal and Anr., 2010 1 SCC 591, orders may be passed in this case. Amit is also ready to bear all the expenses such as air fare of Sheena with Mitali, their lodging, boarding, fooding, litigation expenses, local traveling, etc. at New Zealand. Sheena has also filed case under Section 498A/34 I.P.C. only with a view to harass, humiliate and blackmail Amit. She has been trying to remarry even without a decree of divorce and if she remarries, it is not Known how Mitali will be brought up by her step father.;