PREETAM A EKLASPUR Vs. VANISHREE

JUDGEMENT

(1.) The petitioner father filed Writ Petition No.49517/2018 against the order dated 30.10.2018 made in G & WC No.242/2018 on the file of the V Addl. Prl. Judge, Family Court, Bengaluru rejecting I.A. No.2 filed by him under Section 12 of the Guardians and Wards Act, 1890 ('G & W Act' for short) and vacating the interim order dated 1.9.2018 and consequently directing him to return the child Prisha Eklaspur to the custody of the respondent mother, forthwith.

(2.) The petitioner father filed Writ Petition No.52377/2018 against the order dated 7.11.2018 made in G & WC No.242/2018 allowing I.A. No.5 filed by the respondent mother and directing the Station House Officer, Thalagattapura Police Station, Bengaluru to assist the respondent mother in securing the custody of the minor child Prisha from the petitioner father as per the order dated 30.10.2018.

(3.) It is the case of the petitioner that his marriage with the respondent was solemnized on 30.4.2006 at Gadag as per the arrangement made by the elders of both the families and thereafter he took an assignment at Vancouver, Canada from his employer company in Bengaluru as the respondent was fond of staying abroad and he moved to Canada along with the respondent, leaving his parents in India. During many other occasions, the petitioner has also traveled to US and UK on long term work projects without any intentions of settling permanently there and has returned to India after the completion of the project. It is further case of the petitioner that after moving to Vancouver - Canada, the petitioner had added the respondent as a joint account holder to his salary account, giving her access to his salary account and given the respondent the full freedom and security financially and emotionally and there were several investments that the petitioner and his sister had made in the name of the respondent. The respondent insisted to take a job using her law degree but she had to first complete a course in English and the petitioner had completely borne the expenses of her course financially and supported morally to complete the same. Out of the wedlock, the female child by name Prisha was born on 20.10.2008 in Canada and since Prisha was born in Canada, she automatically became a Canadian citizen, however, she holds a PIO Card ('Person of Indian Origin' Card).