P.K. SRIKUMAR Vs. HARSHITHA GOPINATHAN

JUDGEMENT

(1.) "The best way to make children good is to make them happy"

(2.) It is, no doubt, true that in a large number of matrimonial cases, one of the parties may return to the country of his or her origin for family support and shelter. It is unfortunate that in their fight more often on account of egoism, the children suffer. The child has practically no role in breaking of the marriage, but he or she suffers. The marital discord sometimes reaches a stage where the parties are unmindful of what psychological, mental and physical impact it has on children. The case at hand is a classic example where the only child Srihari, aged 6 years, born in America and hence, a citizen of that country by birth, has become the focus of controversy. Bitter legal fights have been fought and the corridors of the courts have been travelled by the parties but in vain.

(3.) The petitioner / husband filed Original Petition in O.P. No. 285 of 2012 under Section 25 of the Guardian and Wards Act 1980 r/w Order XXI Rules 2 and 3 of the Original Side Rules for grant of custody of the person of the minor child, viz., Srihari, born on 16.09.2008 from the respondent / wife. He also filed suit C.S. No. 129 of 2013 for declaration that the order / judgment passed by the Superior Court of California, County of Orange in Case No. 11D009457 on 01.5.2012 is conclusive and binding on the defendant and enforceable within the jurisdiction of Indian Courts, for consequential declaration that the plaintiff P.K.Srikumar is the natural guardian of his minor son Srihari Srikumar and is the legal custodian of the minor child and for costs.