HINA GIRISHKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner and respondent No.3 are the wife and husband who married in the year 2015 and their marriage ran into a rough weather. However, a daughter named "Sriya", the Corpus was borne on 30/7/2018 out of the said wedlock. It appears that respondent No.3 because of some breach of USA rules had to get back to India and is residing in India from December, 2019. The minor child's custody had been handed over to maternal grandparents by the petitioner mother. The child is presently around 3.5 years who is a US citizen and from November, 2021, respondent No.3-father has taken the custody of the child, which according to the petitioner-mother represented through the power of attorney, was illegal and without her permission.

(2.) Therefore, with the following prayers the present petition has been preferred:

(3.) We have heard learned advocate Mr. Keyur Vyas and during the course of submission he has made a mention of a petition likely to be filed soon for divorce by mutual consent under Sec. 13B of the Hindu Marriage Act. According to him, however, the child's custody so far has not been decided.