Smt, Tubati Srivalli, v. The Union Of India,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.31035 of 2017

O R D E R

(per Sri Justice Sanjay Kumar) The petitioner seeks a writ of habeas corpus directing the petitioner's husband, the fifth respondent, to produce their minor child, Master Sriman Tubati, before this Court to enable her to take his custody as his natural guardian.

Perusal of the affidavit filed in support of the writ petition discloses that the minor child in question is an American citizen who is presently domiciled in the United States of America. Further, the father of the child, the fifth respondent, is stated to have already secured an order from the Circuit Court of Cook County, Illinois, United States of America, to the effect that the petitioner herein was to have no contact with the minor child and her parenting time stood suspended until further orders. The affidavit further discloses that the petitioner already filed a petition under the Guardians and Wards Act, 1890, before the learned XV Additional District Judge-cum-Judge, Family Court, Miyapur, Ranga Reddy District, and the same is pending. In any event, we cannot exercise jurisdiction in the matter for issuance of a writ of habeas corpus as the child is not even within the territorial jurisdiction of this Court. The writ petition is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ SANJAY KUMAR,J ___________________________ Dr. SHAMEEM AKTHER,J Date:13.09.2017 PGS