- (1.) Special leave granted.
(2.) The husband, the wife and their minor daughter, Sonal Dhingra, aged 4 are all American citizens. The husband has filed divorce proceedings against the wife in an American Court. He surreptitiously removed the child from America to India during the pendency of those proceedings. The District Court and the High Court in India have granted the custody of the child to the wife. In these circumstances, we are unable to understand as to why the mother should not be allowed to take the child with her to America where she lives and which is the matrimonial home of the spouses. Accordingly, we direct that the mother will be at liberty to take the child to America at all reasonable hours. The Foreigners Registration Office of the Government of India will grant the necessary visa to the mother and the child in accordance with the relevant rules and regulations.
(3.) The appeal will stand disposed of in terms of this order.;