(1.) This is an appeal under Section 19 (1) of the Family Courts Act, 1984 for setting aside the judgement dated 20.08.2018 by which a petition filed by the appellant seeking guardianship of her two minor children has been dismissed.
(2.) At the very outset we may note that this is not a first round of litigation between the parties.
(3.) The necessary facts required to be noticed for disposal of this appeal are that the marriage between the parties was solemnized by a civil marriage at New York on 22.08.2006 and a certificate of registration of the same date was issued by the Marriage License Bureau, the city of New York, USA under US laws. On 23.12.2007 marriage by way of Anand Karaj was solemnized at New Delhi, India. From this wedlock, two children were born. A daughter was born on 27.08.2012 in the U.S. and a son was born on 12.09.2016 in India. In the year 1998, much prior to her marriage with the respondent, the appellant had gone to USA to study. As per the petition, in the year 2000, she met the respondent in USA while pursuing her study at Hunter College, USA. The appellant was staying in USA on a student visa.
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