P.K.SRIKUMAR Vs. HARSHITHA GOPINATHAN

JUDGEMENT

(1.) These two Original Side Appeals are directed against the common Judgment of the learned single Judge, dated 04.08.2015, one dismissing the Original Petition in O.P.No.285 of 2015 filed by the appellant / petitioner, seeking permanent custody of the minor child and second dismissing the suit in C.S.No.129 of 2013 filed by the appellant / plaintiff for the relief of declaration that the order / Judgment passed by the Superior Court of California, County of Orange in Case No.11D009457 on 01.05.2012 is conclusive and binding on the defendant and enforceable within the jurisdiction of Indian Courts and also for consequential declaration that the appellant / plaintiff is the natural guardian of his minor son, Srihari Srikumar and is the legal custodian of the minor child.

(2.) The dispute resolving the minor child about his custody is between the spouses. The brief facts, which lead to this dispute between the spouses are as follows :

(3.) The contention of the appellant, as per the pleadings are that the respondent having come to India along with the appellant and child had not returned to USA under the guise of getting H1B visa endorsement in USA consulate, Chennai. She did not respond properly even when the respondent endeavoured to take placement for the respondent and dependent visa. She has not cared about child for nearly about 2 years, though the one year child was taken to USA. Instead of returning to USA, the respondent got a job and joined in Cognizant Technologies Ltd., at Chennai, without even informing the appellant. In the proceedings initiated by the appellant before the Superior Court of California, for the custody of the minor child, the respondent fully participated and final order was rendered. Since the minor child is a citizen of USA by birth, jurisdiction as to the custody lies only with the competent Court of USA and the Judgment of that Court is binding upon the parties.