Case Note & Summary
The Bombay High Court at Goa considered a criminal writ petition filed under Article 226 of the Constitution of India by the husband, seeking a writ of habeas corpus for the repatriation of his minor daughter to the United States. The husband and wife were married in the USA and resided in Utah with their child born in 2022. The husband filed divorce and custody proceedings in a Utah court on 7th October 2025, and the court issued a Domestic Relation Injunction (DRI) restraining the wife from traveling with the child without consent. The wife was served with the summons and DRI on 8th October 2025. Allegedly, after receiving the summons, she booked tickets and flew to India with the child on the same day without the husband's knowledge or consent, in violation of the court order. The Utah court orally directed the wife to return the child to the USA by 16th November 2025. The wife appeared in the US proceedings, filed a counterclaim for divorce, custody, and protective orders, and sought spousal and child support. The husband filed the present habeas corpus petition in India seeking the return of the child and her documents to the USA. Arguments were heard on 25th February 2026, and judgment was reserved. The court pronounced judgment on 7th May 2026. The judgment text records the submissions of the petitioner and the contents of the DRI order but does not include the court's analysis or final decision in the provided excerpt.
Issue of Consideration
Whether a writ of habeas corpus should be issued for repatriation of a minor child to the USA in compliance with orders of a Utah court, given the alleged wrongful removal of the child by the mother.
Law Points
- Habeas corpus jurisdiction under Article 226
- international child abduction
- comity of courts
- foreign court orders
- parental rights
- child custody
Case Details
2026 LawText (BOM) (05) 70
Criminal Writ Petition No. 141 of 2026
Suman Shyam, Amit S. Jamsandekar
Prabhjit Jauhar, Vijeta Poulekar, Rosemary Raju, Chahat Raghav (for petitioner); Pravin Faldessai, Swizel Falcao (for State); A. Agni, Gautami Kamat, Junaid Shaikh Shirodkar, Samiksha Vaigankar (for respondents 2 and 3)
State of Goa, Ms. Anjali Acharya, XXX (Minor)
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Nature of Litigation
Habeas corpus petition for production and repatriation of a minor child alleged to have been abducted by the mother from the USA to India.
Remedy Sought
The petitioner sought a direction to the wife to hand over custody of the minor child so that the child may be repatriated to Utah, USA, and to hand over the child's original documents.
Filing Reason
The petitioner alleged that the wife wrongfully removed the child from the USA in violation of a Utah court's Domestic Relation Injunction and without consent, after being served with divorce summons.
Previous Decisions
The Utah court issued a Domestic Relation Injunction on 8th October 2025 and orally directed the wife to return the child to the USA by 16th November 2025. The wife filed a counterclaim in that court.
Issues
Whether the writ of habeas corpus is maintainable for the repatriation of a minor child to a foreign country
Whether the removal of the child from the USA was illegal or in violation of court orders
Whether the Indian court should give effect to the orders of the Utah court regarding custody and return of the child
Submissions/Arguments
The petitioner argued that the wife abducted the child in violation of the DRI and without consent, and that the Utah court had jurisdiction, which the wife had submitted to.
The wife's arguments were not recorded in the provided text
Judgment Excerpts
By the present Petition, the Petitioner (husband) is seeking a Writ of Habeas Corpus by invoking the jurisdiction of this Court under Article 226 of the Constitution of India.
The Petitioner is seeking repatriation of his daughter, who was 3 years and 3 months as of January 2026.
The U.S. Court also issued a Domestic Relation Injunction (DRI) Order restraining the 2 nd Respondent from travelling with the child without the written consent of the Petitioner or without a Court order.
The Court orders the Respondent to obey all orders included on this form and to not abuse, or threaten to abuse, anyone protected by this order.
No Travel with Children Do not take the children listed above out of the state of Utah.
Procedural History
The petitioner filed divorce and custody proceedings in the Third Judicial District Court, Salt Lake City, Utah, on 7th October 2025. That court issued a DRI on 8th October 2025. The wife was served on 8th October and left for India on the same day. The Utah court orally directed the wife to return the child by 16th November 2025. The wife filed a counterclaim in the Utah court. The petitioner filed the present habeas corpus petition before the Bombay High Court at Goa on 6th January 2026. The court heard arguments on 25th February 2026 and pronounced judgment on 7th May 2026.
Acts & Sections
- Constitution of India: Article 226
