ORDER

1. Special leave granted.

2. Appellant Chandrakala married respondent Vipin Menon on January 16, 1984. A female child Soumya was born to them on August 26, 1985. In August 1987 husband and wife went to U.S.A. leaving the minor child with her maternal grandparents at Bangalore. In June 1989 Soumya joined her parents in America. In May 1990 Soumya was sent back to Bangalore to live with her maternal grandparents and since then for most of the time she has been living with them. The appellant is doing her research for the degree of Ph.D. in America. Unfortunately differences arose between husband and wife during their stay in America and it became difficult for them to run their married life smoothly. In spite of daughter Soumya being a uniting factor they could not overcome their differences and ultimately a situation came when it became difficult rather impossible for them to live together. It is alleged by the appellant that she and her husband entered into a settlement to get divorce by mutual consent and it was also agreed that Soumya would stay with her maternal grandparents at Bangalore. It is further alleged that the respondent was given a fixed deposit receipt for Rs 1,50