LAHARI SAKHAMURI Vs. SOBHAN KODALI

JUDGEMENT

(1.) Leave granted.

(2.) Both the appeals although arise from two separate orders passed by the High Court of Hyderabad for the State of Telangana and State of Andhra Pradesh dated 8th February 2018 in a Habeas Corpus Petition filed at the instance of the respondent (Sobhan Kodali) and by the appellant (Lahari Sakhamuri) under the Guardians and Wards Act, 1890 primarily for the custody of the two minor children who were born in the United States on 14th March, 2012 and 13th October, 2014 and are US citizens and holding US passports. For the custody of children, a tussle was going on between the parents who are residing in US since 2004-2005. Their marriage was solemnized on 14th March 2008 in Hyderabad and both are green card holders and not only highly educated but well placed. It appears that some differences cropped up which can be a misunderstanding or failing to understand each other, various efforts were made through conciliation and after the matter came to this Court through the process of mediation, the orders of this Court indicate that lot of efforts were made for reconciliation and at one point of time, it reached to a final stage but unfortunately could not reach to its logical end for various reasons and factors.

(3.) The persons who are affected are the minor children who have been directly impacted because of the fact that their parents have not been able to resolve their differences. Children are very sensitive and due to the conflict of their parents if could not be resolved at the earliest, the minor children became the victim of time for which they are not at fault but indeed the sufferers. It has to be examined in different perspective also that rights of the child as a progressive approach to the best interest of the child and what is needed in the best interest of the child is the one which has to be deciphered by us in the instant proceedings through the manifold arguments being advanced from both sides keeping in view the principles of law on the subject but still remain a guess work.