ALIKE SABA Vs. SAMER HAMSARAMLA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner is the wife and the respondent her husband. The two get married on 25/9/2016. Later, the wife joins the husband at the United States. From the wedlock, a daughter is born on 10/7/2018 in the United States. On several allegations or dispute between the husband and wife the petitioner along with her daughter who was then 8 months old, returns back to India to her parents house and later returns to Bangalore. On 3/12/2020, the petitioner and the daughter appear to have rejoined the husband at the United States, which the petitioner contends was on the promise of husband reforming himself. After about six months again on certain allegations of the husband beating the daughter and the wife, the petitioner and the minor daughter were granted ex parte emergency order of protection by the competent Court at the United States, on the strength of which later the petitioner and her daughter return back to Bangalore.

(3.) The husband later, secures an order from the Court at the United States to retrieve the child from India on 28/6/2021, after which the wife files a G. and W.C. 24 of 2021 seeking custody of the minor daughter before the concerned Court. The respondent comes back to India and files a habeas corpus petiton before this Court seeking repatriation of the minor daughter to the United States on the strength of the order passed by the Court at United States and later files an application under Order 7 Rule 11(d) of the CPC for rejection of the plaint in G. and W.C.24 of 2021 on the issue of jurisdiction contending that the wife was living in the United States. The Court dismisses the aforesaid proceeding, against which, the wife comes up before this Court in M.F.A.2094 of 2021. The habeas corpus petition was dismissed on 12/4/2022. The wife challenges the dismissal of the petition before the Apex Court. During the pendency of the proceedings before the Apex Court, this Court allows M.F.A.2094 of 2021 and restores G. and W.C.24 of 2021. Noticing this fact the Apex Court rejecting the SLP directs the concerned Court to dispose the G. & W.C. 24 of 2021 within six months. The order of the Apex Court reads as follows: