KETAKI GOKHALE Vs. STATE OF GOA

JUDGEMENT

(1.) The present Writ Petition under Article 226 of the Constitution of India is preferred by the Petitioner-mother seeking production and restoration of permanent custody of the minor child aged about 4 years in her favour in terms of Sec. 6 of the Hindu Minority and Guardianship Act, 1956, wherein it is specified that ordinarily the mother should have the custody of the minor child, who is below the age of five years. It is the case of the Petitioner that her minor son is presently separated from her and that his best interest, lies in the care and custody of the mother. The Petitioner alleges that Respondent No.2 i.e. father of the minor child, has detained him in violation and contravention to the laws of India.

(2.) A custody Petition is pending trial before the Superior Court of California, County of Sonoma. The parties are presently within the jurisdiction of this Court. The Petitioner prays that in the interim, the custody be restored to her in accordance with laws in India and following the precedents laid down by the Hon'ble Supreme Court of India and those of this Court.

(3.) The Petitioner and Respondent No.2 are citizens of United States of America and holders of Overseas Citizen of India card (OCI, for short). The Petitioner married the Respondent No.2 on 17/7/2017 at California, United States of America as per the local laws applicable in the State of California. The child was born on 19/2/2019 in Paris. The Petitioner and the minor child reached Bangalore, during December, 2020 as the father of Respondent No.2, who was a Bangalore resident, had passed away in Brooklyn, New York, USA. Thereafter, the Petitioner and Respondent No.2 had planned for a vacation in Goa, India, in January, 2021. Due to the pandemic, the Petitioner had been working remotely.