JASMEET KAUR Vs. NAVTEJ SINGH (DELHI)(D.B.)

JUDGEMENT

(1.) The present appeal arises out of an order dated 26.12.2016, passed by the learned Family Court, allowing an application filed by the respondent/husband under Order VII Rule 11 CPC, for dismissal of a petition filed by the appellant/wife under Sections 7, 9, 11 and 25 of the Guardians and Wards Act, 1890 (herein after referred to as `the G & W Act') read with Section 6(a) of the Hindu Minority and Guardianship Act, 1956.

(2.) The facts giving rise to the present appeal are as follows. In the year 1994, the respondent had shifted from India to USA when he was about 14-15 years old. Similarly, the appellant/wife had shifted to USA in the year 1998, when she was about 17 years old. Both the parties had met each other while in USA, where they had completed their higher education and went on to acquire professional degrees in dentistry. The parties first got married in USA on 208.2006. Subsequently, on coming to India, their marriage was solemnised in New Delhi on 23.12007, according to the Sikh rites and customs. Both the parties are US nationals and running a professional dental practice in partnership in Norwalk, Connecticut, USA. Their first child, Ms. Ishnoor Kaur was born in USA on 27.08.2012 and is a U.S. passport holder.

(3.) It is the version of the appellant/wife that some disputes and differences had arisen between the parties in the end of the year 2012, on account of the unwarranted and deviant behaviour of the respondent/husband. Things took a turn when the appellant arrived in New Delhi alongwith the minor daughter on 26.01.2016, to attend her brother's wedding. The appellant and her daughter were scheduled to return to USA on 04.02016, on a pre-booked return flight alongwith the respondent, who was to join her later on. The respondent came down to Delhi alongwith his parents to attend the wedding of the appellant's brother on 16.02.2016. However, after the marriage functions got over, the appellant refused to accompany the respondent with the minor child back to USA and instead, elected to remain with her parents in Delhi. As a result, the respondent returned alone to USA on 05.02016. The appellant has averred in her petition that when she arrived in India, on going through a pregnancy test, she had discovered that she was expecting a second child. On her sharing the said news with the respondent on his coming down to India, he had tried to force her to return with him to USA, but she had declined to do so on the ground that the doctor had advised her that the pregnancy was a high risk one.