- (1.)This is a petition by a mother under Art.226 of the Constitution for a writ of habeas corpus directing production by the respondents of her minor daughters, Jeanna and Lisa, before the Court, and for an order granting their custody to her. She has also prayed for permission to remove the children from India to the United States of America.
(2.)The facts leading to the filing of this petition may be shortly stated here. The petitioner, Isabell Singh, was born of Jewish parents in Romania on June 26, 1939. At the age of 18, she acquired the citizenship of the United States of America and still retains that nationality. She holds a Bachelor of Arts degree from the Ohio State University, Columbus, Ohio, and a Masters' degree in Library Science from the Kent State University, Kent Ohio. The respondent, Ram Singh, is a Hindu by religion and an Indian citizen, who obtained his B.A. from Chirawa College, Chirawa, Rajasthan, in 1967, and M.S. from the Birla Institute of Technology and Science, Pilani, Rajasthan in 1969. He obtained another M.S. degree majoring in Numerical Analysis, from Florida State University in 1971. Finally, he did his Ph.D. with Systems Analysis as the major subject, from the Florida State University in 1973. He worked in the United States on important assignments between 1970-71 and 1981-82, acquiring varied and vast experience in data processing survey analysis, coding and quantification of data and similar other disciplines. He returned to India sometime in the end of 1982, and took up a job as Associate Professor, Educational Development Division, Birla Institute of Technology and Science, Pilani, Rajasthan in 1983. He is still working in that Institute.
(3.)The parties (Isabell and Ram Singh) were married according to the Civil Laws of America at Tallahassee, Florida, U.S.A., on May 11, 1973. Jeanna and Lisa, their two daughters aforementioned, were born in this wedlock on Feb. 17. 1974 and April 7, 1976, respectively. The relations between the two spouses became strained sometime after the birth of the younger daughter. The husband filed a petition for divorce in a county Court of Florida. The county Court passed a decree of divorce on 7-2-1980, dissolving the marriage between the parties, on the ground that it had irretrievably broken. The said Court also confirmed, approved and incorporated in its judgment and decree a document of the even date described as Stipulation and Agreement between the parties whereby the principal custody of Jeanna and Lisa was granted to the petitioner herein subject to reasonable rights of visitation to and with the children granted to Ram Singh their father. The specific visitation allowed to Ram Singh included 30 days during the summer vacation and on; alternate major holidays. The Court modified the above decree in respect of, the custody of children on Sept. 5, 1980, directing inter alia that Ram Singh shall have full and reasonable visitation to and with the children for six weeks during the summer vacation and alternate Christmas holidays.