JASMEET KAUR Vs. NAVTEJ SINGH

JUDGEMENT

(1.) Leave granted. We have heard learned counsel for the parties and perused the record.

(2.) The appellant filed a Guardianship Petition which was rejected by the Family Court under Order VII Rule 11 of the Code of Civil Procedure on the ground that the parties are nationals of the United States of America and the U.S. courts have intimate contact with the matter. It was observed the marriage between the parties took place in U.S.A. Out of the wedlock, one child was born in 2012 in U.S.A. and the second child was born in India. The appellant came to India, just before the delivery of the said child. The High Court has affirmed the said order.

(3.) We have gone through the judgments of this Court in Surya Vadanan v. State of Tamil Nadu, 2015 5 SCC 450, Dr. V. Ravi Chandaran v. Union of India and Others, 2010 1 SCC 174, Dhanwanti Joshi v. Madhav Unde, 1998 1 SCC 112, Surinder Kaur v. Harbax Singh Sandhu, 1984 3 SCC 698, Ruchi Majoo v. Sanjeev Majoo, 2011 6 SCC 479. These judgments were considered by this Court in a recent Three-Judge Bench Judgment in Nithya Anand Raghavan v. State of NCT, 2017 8 SCC 454 and it was observed :