KALA AGGARWAL Vs. SURAJ PRAKASH AGGARWAL

JUDGEMENT

(1.) The petitioner had filed a petition under Article 32 of the Constitution of India for issuance of an appropriate writ, order or direction in the nature of habeas corpus before the Supreme Court of India. The petitioner prayed for the custody of her two minor children who, according to her, are in illegal custody of the respondents, because the custody was granted to the petitioner by a divorce decree dated 10.2.1988 passed by the Judge Don Koon of the Judicial District Court, 255, Judicial District ' Dallas County, Texas, U.S.A.

(2.) This petition came up for admission hearing before the Supreme Court on 1st May, 1991. On that day, the Supreme Court ordered that this petition shall be transferred to this Court, and dealt with as the one under Article 226 of the Constitution in accordance with law. That is how this petition is being dealt by this court.

(3.) The petitioner alleged that their two minor children, daughter Sonika now aged about 12 years and son Ravi aged about 5 years are in illegal custody of respondent no. I Suraj Prakash Aggarwal, father of the children and Smt. Satyawati, their grand mother. Brief facts relevant for the disposal of this petition are set out as under:-