Kolkata: Reconcile for the sake of five-year-old daughter, if needed seek professional help, Calcutta High Court told a couple on Wednesday, directing the man to pay 1,000 Canadian Dollars to the woman for her visit and stay in Canada for 3 months to resolve the matter.
The man appeared virtually from Canada and the woman was in court. The man and daughter are Canadian citizens. The bench suggested to settling the issue in Canada.
The woman lodged a counter complaint against the man. The woman, who sought monetary support from the man, said if her demand was met, she would return to him with the child. The court ordered him to pay the expense for 3 months and settle the matter.
The man approached the division bench of Justice Debangsu Basak and Justice Shabbar Rashidi with a habeas corpus plea, accusing his wife of fleeing their Canada home with the minor on Jan 27, 2025.
The minor is a Canadian citizen, whose passport was due to expire on Dec 31, 2025. "Given the compelling and extraordinary circumstances arising from the complete disruption of the minor's normal life, upbringing, and care, the father has been constrained to approach this court by invoking its extraordinary jurisdiction as parens patriae through the writ of habeas corpus," the petition read. In his petition, the man stated requests were made to the wife to return to Canada for the child's best interests.
The father filed a custody-related application on May 23, 2025, in the Superior Court of Justice Ontario. He also filed for divorce there.
On July 29, 2025, an order was passed, directing the minor to be returned to Ontario on or before Sept 1, 2025. On Dec 14, the man had received an email from the Indian govt that the passport number linked to the minor's OCI registration was nearing expiry. "The father is undergoing severe mental distress as the Indian authorities have initiated steps and it is feared the minor's OCI card and status may be withdrawn," the petition read.