Arvind Gopal Krishna Chawda, v. The State Of Telangana
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI DILIP B. BHOSALE, THE ACTING CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE S.V.BHATT WP .NO: 20709 of 2015 Between:
Arvind Gopal Krishna Chawda, S/o Arvind Morarji Chawda, 33, Woodbury Road, Edison, New Jersey, U.S.A. Currently residing at House No.2-2-2, Flat No.103, Vasavi Heights Apartments, Vidhya Nagar, OU Road, Telangana State.
..... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad, Telangana. 2 Director General of Police, Police Head quarters, Hyderabad, Andhra Pradesh.
3 The Commissioner of Police, Hyderabad City, State of Telangana. 4 The Additional Commissioner of Police (Crimes), Hyderabad City, State of Telangana.
5 The Deputy Commissioner of Police, Detective Department, Hyderabad City, State of Telangana.
6 Mrs. Pulla Sunita Rani, W/o Arvind Gopal Chawda, H.No.8-2-293/K/6, Phase-3, Kamlapuri Colony, Hyderabad, Andhra Pradesh. RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein, the High Court may be pleased to issue a writ more particularly in the nature of Habeas Corpus ordering and directing the respondents 2 and 3 to find out the whereabouts of petitioner's minor children namely Kashvi and Krish Chawda both US Citizens and produce them before this Hon'ble Court and to further direct the respondent No.6, to produce before this Hon'ble Court the said minor children Kashvi and Krish, citizen of US and cause return of the minor children (along with the respondent No.
6) to the jurisdiction of the courts of New Jersey in compliance with the order dated 20/3/2013, 13/8/2013, 31/10/2013 and 23/1/2014 passed by the Superior Court of New Jersey, Chancery Division, USA to enable the minor children to go back to New Jersey and upon her failure to do so, the respondent No. 6 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 the Superior Court of New Jersey, Chancery Division, USA. (b) direct the respondent no.
USA. (c) cost of this petition be provided for; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and orders of the High Court dated 06-08-2015 and 13-08-2015 made herein and upon hearing the arguments of Sri T.S. Anirudh Reddy, Advocate for the Petitioner, GP for Home (TG) for Respondent Nos.1 to 5 and Sri K. Vivek Reddy, learned counsel for Respondent No.6, the Court made the following ORDER:
Heard learned counsel for the parties.
We are informed that the petitioner met the children as per our order, dated 13-08-2015, on 5 or 6 occasions. We would like him to meet the children for one week more and thereafter we will once against interview the children in our chamber. We hope and trust that respondent No.6-wife shall cooperate for arranging meeting between the petitioner and children at her place every day, if petitioner so desires, for about three hours. Stand over to 04-09-2015.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 One CC to Sri T.S. Anirudh Reddy, Advocate (OPUC) 2 One CC to Sri Vivek Reddy, Advocate (OPUC) 3 Two CCs to GP for Home (TG) High Court, Hyderabad. (OUT) 4 Two spare copies.
Skm
HIGH COURT HACJ & SVB,J Drafted by: skm Drafted on: 27-08-2015 DATE: 26-8-2015 NOTE: Stand over to 04-09-2015
ORDER
W.P.NO. 20709 OF 2015 DIRECTION