DAVID JUDE Vs. HANNAH GRACE JUDE

JUDGEMENT

(1.) This petition for contempt is filed by the applicant-husband with a prayer for punishing the respondent-wife and mother-in-law for the breach of undertaking given by them and also for breach of directions issued by this Court.

(2.) By order dated 15th September, 1998, this Court permitted respondent No. 1-wife to take the child to USA on the condition that respondents would file undertaking before the Court to the effect that wife will appear before the family Court as and when required, and it would be open to the applicant-husband to visit the child in USA after making prior arrangement with the wife.

(3.) The brief facts of this case are that - applicant and respondent No. 1 were married on 7-2-1989 at Hyderabad according to Christian rites. Soon after marriage, the couple left for America. On 2-5-1997, a son was born out of this wedlock. Because of strained relationship between the wife and husband, both started living separately. Wife approached the Circuit Court, Maryland in USA and got issued a protective order against the husband on condition that the child will not be taken out of the jurisdiction of that Court. The wife, however, brought the child to India on 14-4-1998 and after keeping him in the care and custody of her mother respondent No. 2, she left India. On knowing this, husband dashed back to India on 23rd April, 1998 and on 30th April, 1998 he took over the custody of the child from respondent No. 2 for celebrating the birthday of the child which was on 2-5-1998.