JUDGMENT

Altamas Kabir, J. —

1. Leave Granted.

2. The question which we are called upon to decided in this case is whether a 31/2 year old girl child who was born in England of Indian Parents and is a British citizen by birth can be kept in the custody of the another who is now currently residing in India despite are order passed on 26th November 2008, by the High Court of Justice, Family Division, U. K., directing that the ,child be returned to the jurisdiction of the Courts of England and Wales.

3. This is one of those cases where a minor child below 4 years of age is the victim of the acrimony of the two adults who were responsible for her birth. The appellant was married to the Respondent N.1 herein on 4th November, on 2003, and as the Respondent No.1 was already working in the United Kingdom since November, 2000, the parties set up their matrimonial home first in Scotland and then in England. A girl child, who is now 31/2 years of age, was born of the said marriage. The appellant herein also obtained employment in U.K. and both the Respondent No.1 and the appellant acquired the status of permanent residents of U.K. in 2004 prior to the birth of the child on 20th February, 20