(2009)9SCC551, [2009]12SCR861, 2009((3))ALT(Cri)472, 2009(3)ALT(Cri)472, II(2009)DMC292SC, 2010GLH(1)1, JT2009(11)SC279, 2009(11)SCALE467

Constitution - Sections 6, 16 and 34B of Extradition Act, 1962 - Appellant challenged the validity of warrant .Appellant must be held to be in lawful custody of his daughter unless any other or further order is passed by a court of competent jurisdiction.  Lastly, it is imperative to note that the State does not seek for enforcement of the custody and/ or restrain order passed by the Probate and Family Court, Massachusetts in view of the rigours contained in Sections 13 and 44A of the Code of Civil Procedure. Even the Family Court does not appear to have dealt with this aspect of the matter. In any event, as the matter is pending before the High Court, it alone will have a final say therein. For the aforementioned reasons, the impugned judgment cannot be sustained. It is set aside accordingly. The appeal is allowed. However, in the facts and circumstances of the case, there shall be no order as to costs.