RADHIKA KONEL PAREKH Vs. KONEL PAREKH

JUDGEMENT

(1.) Respondent Konel Parekh and the appellant Radhika were married in accordance with Hindu rites on 1st of April, 1990 and a male child was born to them on 30/03/1991. On 16-12-1991, however, Konel filed O.P. No. 694 of 1991 in this court seeking his appointment as the guardian of the son born on 30/03/1991, named parthiv and also for other reliefs. He applied for a direction that he be given interim custody of Parthiv in Application No. 6404 of 1991 in the said petition, O.P. No. 694 of 1991. Radhika, the appellant, responded to the notice stating inter alia that she had moved the family Court at Bombay seeking reliefs inter alia of divorce and for the interim custody of the minor child Parthiv, maintenance and restraint orders on 6-12-1991. The Family Court at Bombay on 11-12-1991 by an order, restrained Konel from forcingly removing the child from her custody. She stated in her return that the order of restraint became necessary in view of the fact that the respondent had physically deprived her of the company of her then seven month old minor child between the period 10-11-1991 and 2-12-1991 and had in fact sought to leave the country with the minor child on the night of 8-12-1991 which the appellant with the intervention of the police and pursuant to a complaint to the police was able to stop at a last minute. She said in her return as follows :

(2.) In his reply to the return of Radhika, Konel, however, said,

(3.) It has, however, transpired that Konel, who is an Indian born has, however, become a citizen of the United States of America. He intended to visit Singapore with the child and that a Police complaint was filed which stopped him from taking away the child to Singapore, according to him for a temporary period; according to Radhika with a view to taking away the child from her permanently. The filing of the case for divorce in the family Court at Bombay on 6-12-1991 and the order dated 11-12-1991 are such facts that are not in doubt, according to Konel, however, he did not know about the filing of the case in the Family Court at Bombay or any order passed in any petition that Radhika had filed in the family Court when he moved in O.P. No. 694 of 1991 or the application in Appn. No. 6404 of 1991. Radhika moved in Application No. 60 of 1992 for stay of the proceedings in this Court and both the applications; viz., Application No. 6404 of 1991 filed by Konel for interim custody of the child and Application No. 69 of 1992 filed by Radhika for stay of the proceedings were taken together. The learned Judge, who heard the parties, however, has ordered as follows :