SHILPA AGGARWAL Vs. AVIRAL MITTAL

JUDGEMENT

(1.) Leave granted.

(2.) The question which we are called upon to decide in this case is whether a 3 1/2 year old girl child, who was born in England of Indian parents and is a British citizen by birth, can be kept in the custody of the mother who is now currently residing in India, despite an order passed on 26th November, 2008, by the High Court of Justice, Family Division, U.K., directing that the child be returned to the jurisdiction of the Courts of England and Wales.

(3.) This is one of those cases where a minor child below 4 years of age is the victim of the acrimony of the two adults who were responsible for her birth. The appellant was married to the Respondent No.1 herein on 4th November, 2003, and as the Respondent No.1 was already working in the United Kingdom since November, 2000, the parties set up their matrimonial home first in Scotland and then in England. A girl child, who is now 3 1/2 years of age, was born of the said marriage. The appellant herein also obtained employment in U.K. and both the Respondent No.1 and the appellant acquired the status of permanent residents of U.K. in 2004 prior to the birth of the child on 20th February, 2006. Being born in the United Kingdom, the child acquired British citizenship and was the holder of a British passport, although, her parents continued to hold Indian passports.