MRS. RITIKA SHARAN Vs. MR. SUJOY GHOSH

JUDGEMENT

(1.) These appeals arise from a judgment dated 11 July 2019 of a Single Judge of the High Court of Karnataka.

(2.) The appellant and the respondent got married on 4 February 2009. Their child, Sattik, was born on 9 May 2013. There are serious differences between the spouses and they have been living apart since 2016. The appellant submits that she has been compelled to leave the matrimonial home due to domestic violence and abuse. The appellant instituted a petition on 6 October 2016, under Section 13(1)(i-a) of the Hindu Marriage Act 1955 seeking a decree for divorce on the ground of cruelty. The divorce proceedings are pending before the Family Court, Bengaluru (MC No. 4484 of 2016). The appellant also instituted an application under Section 12 of the Protection of Women from Domestic Violence Act 2005, which is pending in the Court of the Metropolitan Magistrate at Bengaluru (Crl. Misc. No. 228 of 2016). The appellant is in the employment of Nike Global Trading since 2011 and has been posted in Singapore in September 2017.

(3.) The appellant filed IA No. 3 in July 2017 in the proceedings before the Family Court in MC No. 4484 of 2016, seeking a direction to the respondent to handover the passport of the child. The appellant claims that she sought the child's passport on the ground that prior to her relocation in September 2017, she was required to travel for short durations outside India (where she was then based) and found it convenient to take the child with her. The respondent opposed the grant of relief and filed an interim application, IA No. 4,[1] seeking an injunction against the appellant from taking the child out of Bengaluru. On the same day, the respondent had also filed IA No. 5[2] and sought interim custody and visitation rights so as to enable him to meet the child. The appellant opposed IA No. 4 and IA No. 5 filed by the respondent, alleging that the respondent was abusive, violent and suffers from a psychiatric disorder as a result of which, he cannot be granted the custody of the child.