The Karnataka High Court on 9 October dismissed a father’s habeas-corpus petition seeking his daughter’s return to Canada. It held that the mother’s custody was protected by a subsisting Family Court injunction, while the Ontario order neither declared that custody unlawful nor awarded sole custody to the father. Jurisdiction and the child’s best interests require fuller determination in proceedings where both parents have joined issue.
Judge / Bench — Justice Anu Sivaraman and Justice T.P. Vivekananda. Judgment authored by Justice Anu Sivaraman.
Advocates appearing — For the petitioner — Prabhijit Jauhar for Deepa J. For respondents 1 and 3 — Ranjith Kumar, HCGP. For respondent 2 — Arun Govindraj and Siddhant S. Darira.