The HC said it was “practically impossible” for the estranged wife to go to UK and settle down on her own and neither of the two is likely to go to US in near future. (File photo)

Allowing 12-year-old US citizen boy to remain in India with his mother, the Bombay High Court on Wednesday dismissed habeas corpus plea filed by his UK-based father seeking his return.

The HC held his welfare is best served by remaining in India with his mother and his custody and stay with the mother cannot be treated as unlawful.

The couple got married in 2008 in Mumbai and the petitioner husband, along with his wife became USA citizens in 2014 and their son was born in the same year in US and acquired US citizenship by birth.

They shifted to UK on ‘Tier Work-1 Visa’ in 2019 after the husband got a job and the boy started going to the school there.

After differences arose between the couple, the petitioner shifted to different residence in UK and subsequently the wife took the son with her to India, prompting husband to file…