MANINDERJIT KAUR ATWAL Vs. BARINDER SINGH PANNU

JUDGEMENT

(1.) Impugned in the present revision is the order dated May 15, 2015 (Annexure P5), passed by the Guardian Judge, Ludhiana, vide which, pending the petition under Section 26 of the Guardian and Wards Act, 1890, for appointment of the petitioner Maninderjit Kaur Atwal as guardian of her minor son, namely, Aalamnoor Singh Pannu now aged about 15 years approximately and daughter, namely, Amreen Kaur Pannu, now aged about 13 years approximately, an application was filed by Maninderjit Kaur Atwal for permission to take said Aalamnoor Singh Pannu and Amreen Kaur Pannu to USA for vacations.

(2.) The admitted facts of the case are that both the said minors are USA citizens by birth. It is also not denied that a matrimonial dispute arose between Maninderjit Kaur Atwal and her husband Barinder Singh Pannu, who happens to be doctor by profession. It is also not disputed that a divorce has already been granted by United States Court. Terms and conditions of divorce were also mutually settled between the parties. The petitioner was earning USD 2,79,000 per year. Under the divorce settlement, she is paying USD 2200 per month w.e.f. November 01, 2010 to Barinder Singh Pannu for the upbringing of the children. In the divorce proceedings, Barinder Singh Pannu had shown his salary as USD 11,199.66 per year. The Superior Court, California, USA had ordered that children can be taken to USA for visiting the petitioner at her expenses. The divorce was granted by Superior Court, Country of Sutter, California, USA vide order dated 3rd November 2010. The same was registered on 5th November 2011. The grouse of the petitioner is that the respondent-husband has failed to honour the stipulations submitted on 3rd November 2010 in the US Superior Court.

(3.) The lower Court declined the application on the ground that USA has no bilateral agreement with India to enforce the return of children to India in case the petitioner refused to send the children back. It was observed that India is not signatory to the Hague Convention and there is no international agreement between USA and India in this regard. It was also observed that the respondent has the managerial capacity to look after the children. It was observed that the children are studying in prestigious school in Ludhiana in higher classes and compelling them to go to USA to meet their mother will have adverse effect on their education.