YASHITA SAHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Yashita Sahu (hereinafter referred to as the wife) and Varun Varma (hereinafter referred to as the husband), got married on 30.05.2016 in India. The husband was already working in the United States of America (hereinafter referred to as the USA). The wife accompanied the husband to the USA on 17.07.2016. A daughter named Kiyara Verma, was born to the couple on 03.05.2017. She is a citizen of the USA. The relationship between the husband and the wife got strained and they made various allegations and counter allegations against each other. The wife applied for an Emergency Protection Order on 25.08.2018 to the Norfolk Juvenile and Domestic Relations District Court (hereinafter referred to as the Norfolk Court), praying for her protection and an ex parte preliminary protection order was passed against the husband. Thereafter, on 29.08.2018, the wife instituted a petition in the same Court seeking sole custody of the minor child. She also filed a petition praying that the husband be directed to give monetary support to her and the minor child. The said Court passed an order on 26.09.2018 in terms of the agreement reached between the parties. This agreement is part of the order and reads as follows:

(3.) It is not disputed before us that the wife, along with the child left the USA and came to India on 30.09.2018 i.e. after 26.09.2018 and before 01.10.2018, which was the next date fixed before the Norfolk Court.