The HC asked the CBI to take Nanaksingh Biji in custody, although symbolically, by arranging his lodging and boarding till September 24 and suggested the couple to come to an understanding over the custody of the child.
A bench of Justice A M Khanvilkar and R Y Ganoo allowed his wife Manpreet Kaur, who had filed a habeas corpus petition, access to the child.
Biji informed the court that he was in Nepal with his son and returned to India after he learnt that his wife had filed a petition, seeking custody of their child. He assured the court that he would now permanently stay in India.
The court would decide on the custody of the child on September 24.
Manpreet and Biji had married on February 19, 2006, after which they lived in Nashik. Later, differences cropped up between them. Their son was born on January 9, 2007.
"My husband tried to push me down the stairs and harassed me. After that, I had to be hospitalised," Manpreet alleged.
She claimed that while she was recuperating, her father-in-law Avinash Singh took away the child and then Biji disappeared with him.
Earlier, in 2008, the High Court had issued a search alert for Nanaksingh, who had allegedly absconded with the child and was not traceable. Prior to this, a Magistrate in Nashik had issued a search warrant.
The HC had also directed the country's check-posts at the borders of Pakistan, Nepal and Bangladesh to be alerted to identify them, if spotted. The court had asked the police to display pictures of the two on all Doordarshan television channels.
