Budihal R.B. ORDER
1. Petitioner is the husband of respondent No. 2 (contesting respondent). The issue involved in this writ petition is the custody of two minor children (Lakshmi Prasad and Ananth Prasad) born to them, who are presently in the custody of respondent No. 2 (mother of the children). The petition is filed seeking the writ in the nature of Habeas Corpus, for a direction to the respondent No. 2 to produce the children before this Court. Certain further directions are also sought for to cause return of the minor children to the jurisdiction of High Court of Justice Family Division, UK, in compliance with the order dated 29.02.2016 passed by the High Court of Justice Family Division, UK, to enable the minor children to go back to UK, upon her failure to do so, the respondent No. 2 be directed to handover the custody of minor children to the petitioner to enable him to take the minor children back to the jurisdiction of UK Court and also to direct respondent No. 2 to hand over the requisite documents such as passport and other travel documents of the minor children Lakshmi Prasad and Ananth Prasad, which are in her custody, to the petitioner in order to facilitate return of the minor children to UK.
2. The brief facts as pleaded in the petition are that daughter Lakshmi Prasad is a permanent resident of UK and Master Ananth Prasad is a UK citizen holding a British Passport; both the children have been illegally and unlawfully removed by respondent No. 2 from UK; petitioner is the husband of respondent No. 2 and a UK Citizen holding a British Passport. Respondent No. 2, being the wife of the petitioner and the mother of the said children, has been residing in UK since September, 2007 till 25/12/2015. The Petitioner was born in India and after the marriage, petitioner and respondent No. 2 have gone and stayed in UK since September, 2007; the couple intended to live permanently in UK. Petitioner was granted permanent residency of UK on 12th December, 2013. The Petitioner after relocating in UK in September, 2007, joined the respondent No. 2, who came to UK on a work permit at Wipro from 15/09/2007. The petitioner and respondent No. 2 had visa valid from 13/09/2007 till 13/12/2008. Respondent No. 2 worked for Wipro in UK till November, 2008, whereas the petitioner worked for Giant Group PLC in UK till February, 2011 and changed the company later. Respondent No. 2 had to go back to India to change visa status as the Wipro company in UK did not extend her visa. However, in the meantime the petitioner's status was changed to Tier-I visa, which was valid from 14/05/2008 till 14/05/2011 and thereafter respondent No. 2 joined the petitioner on dependent visa on 04/03/2009. The parties were blessed with a daughter namely Lakshmi Prasad on 19th August 2010 and the minor daughter came to UK as a dependent on 16/01/2011; both the petitioner and Respondent No. 2 stayed in UK along with the minor daughter and the petitioner, in the meantime, became a permanent resident of UK on 12th December, 2013 i.e. got indefinite leave to remain in UK. Similarly, the minor daughter namely Lakshmi Prasad also became a permanent resident of UK On 22/02/2015 i.e. the minor daughter got indefinite leave to remain in UK on that day. The couple were blessed with a minor son Ananth Prasad, who was born in UK On 26/01/2015 and the minor son became a citizen of UK by birth and got British Passport of UK on 24/03/2015.
3. The petitioner and respondent No. 2 along with minor children were habitual residents of UK and have been staying in the UK since September, 2007. Respondent No. 2 started a company namely K2 Consulting Ventures in March 2014 and worked as a Director, whereas the petitioner worked as a Secretary. On 29/12/2015 respondent No. 2 became the Secretary of the Company, whereas the petitioner was made the Director of the Company. In th........