In a decision safeguarding the best interests and welfare of children, Justice HS Grewal of Punjab and Haryana High Court disposed of a Habeas Corpus petition in a record span of 10 days seeking the return of 2 children to the US.
A US-based father on April 20 filed a petition through senior advocate Anil Malhotra seeking a direction to produce minor children aged 10 and 13 years and return both of them to the US on the basis of court orders there. Malhotra argued that it is in the best interests of the children to return to the US.
The High Court issued notices and thereafter, upon interaction with the children, referred the matter to the High Court Mediation and Conciliation Centre for counselling and mediation to explore the possibility of an amicable settlement within a week.
During the mediation, an amicable settlement was concluded on April 30, 2026.
The counsellor observed that the children share a strong and secure bond with both parents and that there are no immediate signs of distress, alienation, or neglect.
As per the settlement, both parties have agreed that their marriage will continue at this stage, and the respondent wife would go to the US by May 17 along with both children.
This enabled the Court to dispose of the matter amicably within 10 days. Justice H.S. Grewal, in the order, held that this Court is of the considered view that the welfare and best interests of the minor children are of paramount importance, and the entire exercise has been undertaken keeping in view their welfare and well-being, so as to ensure that they continue to receive the care, love, and guidance of both parents. In view of the above, no further orders are required to be passed in the present petition, and the same is hereby disposed of.
However, the parties are directed to strictly adhere to the terms and conditions of the Settlement Agreement. In the event the wife fails to travel to the United States of America by May 17, along with the children in terms of the settlement, it shall be open to the petitioner to seek revival of the present petition in accordance with law. This Court appreciates the valuable efforts of the General Counsellor and the Mediator Advocate.
