STEPHANE GHEORGHE VASSIL Vs. MOHUA ROY

JUDGEMENT

(1.) THE Petitioner Dr.S.G.Vassil, who is a French national a citizen of France, and who resides there is Paris, has filed this Petition for the custody of his minor male child Karan, who, right from his birth, is with the respondent Mohua Roy. The Respondent is the mother of Karan, is an Indian citizen and is residing at Thane in Bombay, along with her minor son Karan.

(2.) IT is an admitted fact that Petitioner and Respondent met each other in France, that they had a live-in relationship, that they were not married, Respondent became pregnant. Thereafter, it appears that the relationship between the Petitioner and the Respondent became strained and Respondent left France and came back to India and gave birth to a male child on 16th June, 1992 at Pondicherry, who was subsequently named as 'Karan'. After some time, the Petitioner came to Pondicherry to meet the Respondent. Thereafter, it appears that there was some sort of re-conciliation, and Respondent agreed to return to Paris along with the minor child Karan. She actually did so. Her belongings also were called for, by her, at Paris. They all lived together for some time, and it appears that their relations again became sour, and, in a huff, the Respondent left France along with the minor child Karan and has been residing in India since then.

(3.) IT is the case of the Petitioner, in short, that though Karan and born in India, when the Respondent had gone to Paris along with him, the concerned authorities in France issued Identity Card, certifying the nationality of Karan as French, and that, the Petitioner had signed on the said Identity Card as the father, while Respondent had signed on the same, as mother of the said minor child Karan. Exhibit 'B' annexed to the Petition on page No.46 is the zerox copy of the said Identity Card, in which the name of the minor child is shown as 'Karan Gheorghe Roy' and his date of birth is shown as 16th June, 1992, and the place of birth is shown as Pondicherry, India. His domicile is shown as Paris. This identity card was issued, according to the Petitioner, by the police authorities. It is the case of the petitioner that by virtue of the issue of the said identity card, under Chapter II of the Board of French Nationality, Article 18, the said minor child Karan, as the French National, is governed by the French Law, and what is applicable to him is the Civil Code, as is applicable to French Nationals. It is his case therefore, that since Karan is a French National, his nationality cannot be changed, relinquished, or abandoned, until the French Authorities are informed and until he attains the age of majority, and neither of the parents can change his nationality, even if, they wish to do so.