MADAN MOHAN PUNCHHI, J. - (1.) THE jurisdiction of this Court as parent patriae has been invoked in this petition for habeas corpus bringing to its notice that there are two infants named Sabrina Dhillon and Malle Dhillon with its jurisdiction which are requested to be put to the custody of the mother who has petitioned.
(2.) FACTS relevant, as emerging from the pleadings of the parties and as stated at the bar, may be taken note of. The wife-petitioner is a citizen of the United State of America. The added respondent No. 3. the husband, by birth is an Indian but became a naturalises citizen of United States of America in May, 1969. They met in the United States and were bonded in matrimony on 16-7-1971 in California, U.S.A. On 16-7-19 72, Sabrina Dhillon, one of the detenu (e)s, was born to them. On 25-9-1975. Malle Dhillon, the second detenu was born. For some differences between the parties, with which this Court is not concerned in the instant proceedings, the respondent- husband on 29-9-1978 obtained a default judgment of dissolution of marriage from a California Court. Twenty days later on 19-10-1978 he brought his children to India.
(3.) ON the twenty-seventh day of the default judgment of dissolution of marriage, the wife-petitioner on 26-10-1978 applied to the Court for vacation or her default and setting aside the interlocutory (default) judgment of dissolution of marriage. A motion bearing was held on 6-11-1978 by the Superior Court of the State of California in and for the County of Santa Clara. The husband's counsel put in special appearance and challenged the Court's jurisdiction over him for he was of the view that the husband had not been served of the motion hearing in accordance with law. There at it was admitted that the husband had gone to India with ]lis two children on 19-10-1978. The Court took the view that the husband has been served in accordance with law and thus on 8-11-1978 set aside the default judgment of dissolution of marriage. Eventually the Appellate Court on 30.12.1981 (Annexure R. 1) upset the aforesaid order taking the view that the husband did not have the statutory notice of fifteen days.;