NIMESH HARKISANDAS TOPIWALA Vs. DEEPA DALPATRAM TOPIWALA AND ANOTHER
HIGH COURT OF BOMBAY
Nimesh Harkisandas Topiwala
Deepa Dalpatram Topiwala And Another
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A.S.Oka, J. -
(1.) This is an application made by the appellant in Family Court Appeal No.127 of 2009. The applicant is the husband and the respondent is the wife. The challenge in the Appeal is to the Judgment dated 30th April 2009 passed by the learned Judge of the Family Court at Pune by which the application made by the applicant for grant of permanent custody of minor child Mihir was rejected.
(2.) The marriage between the applicant and the respondent was solemnised on 10th September 1999 at London, U.K. Thereafter, the applicant and the respondent came back to India and another marriage ceremony was performed on 1st February 2000 as per Hindu Vedic rites. Mihir was born on 16th June 2002 at Carry, North Carolina State in United States of America ("USA").
(3.) From 24th June 2001 the applicant and the respondent started residing at Raleigh in North Carolina in USA. However, the applicant and the respondent were involved in constant fights and therefore, they decided to stay separately. The applicant is relying upon the agreement dated 17th September 2003 under which the custody of the minor son Mihir was kept with him. Subsequently, the respondent preferred an application for custody in USA Court. The applicant has alleged that an exparte order of the custody of the minor son Mihir was passed by the said Court. Subsequently, the applicant brought his minor son to India for performing religious ceremony. He came to India on 22nd October 2002. In the meanwhile, the respondent filed a petition for divorce in which exparte decree was passed. The applicant could not go back to USA as certain criminal proceedings were initiated by the respondent.;
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