JUDGMENT

G.T. Nanavati, J.-This appeal is filed against the judgment and order of the High Court of Delhi in Writ Petition (Crl.) No. 656 of 1997. Sushil Sharma had filed the writ petition seeking a writ of Habeas Corpus in respect of two minor children Neil and Monica, aged 7 and 3 years respectively. It was alleged that the children are in illegal custody of Sarita Sharma, whom he had married on 23.12.1988. The High Court allowed the petition and directed Sarita to restore the custody of two children to Sushil Sharma. The passports of the two children were also ordered to be handed over to Sushil Sharma and it was also declared that it was open to Sushil Sharma to take the children to U.S.A. without any hindrance. Sarita has, therefore, filed this appeal.

2. Sushil initiated proceedings for dissolution of his marriage in the District Court of Tarrant Country, Texas, U.S.A. in 1995. In the said proceedings interim orders were passed from time to time with respect to the care and custody of the children and visitation rights of Sushil and Sarita. Even while the divorce proceedings were pending Sushil and Sarita lived together from November, 1996 to March, 1997. They again separated.