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2019 Supreme(SC) 2295

UDAY UMESH LALIT, INDU MALHOTRA
Jasmeet Kaur – Appellant
Versus
State (NCT Of Delhi) – Respondent


Advocates Appeared:
Mr. Lakshmi Raman Singh Advocate, for the Appellant; Ms. Diksha Rai, Adv. Mr. Bharat Singh, Adv. Mr. B. V. Balaram Das, AOR Mr. Anil Malhotra, Adv. Mr. Ranjit Malhotra, Adv. Mr. Viresh B. Saharya, AOR Mr. Rajat Bhalla, Adv. Mr. Akshat Agarwal, Adv, for the Respondent

JUDGMENT

Indu Malhotra, J. - The present Special Leave Petitions arise out of matrimonial disputes between the parties. SLP (Crl.) No. 4858-4859/2018 has been filed by the Petitioner - wife to challenge the Orders dated 06.03.2018 and 21.05.2018 passed by the High Court in Habeas Corpus Petition (Crl) No. 725 of 2017 filed by Respondent - husband, seeking issuance of a writ of habeas corpus for production of the children, who have been illegally abducted by the Petitioner - wife from his custody in the USA.

SLP (C.) No. 20022/2019 arises out of a Guardianship Petition filed u/S. 9 of the Guardians and Wards Act, 1890 ("GWA") by the Petitioner - wife praying for permanent and sole custody of the minor daughter - Ishnoor now aged about 7 years, and minor son - Paramvir aged about 2 years.

Since both SLPs arise out of common facts, they are being disposed of by this common judgment.

2. The background facts in which the present SLPs have been filed are briefly set out herein below:

    2.1 The Respondent - husband migrated to the U.S. with his parents in 1994, when he was 14 years old, and has been permanently residing there since the past over 25 years, and has acquired U.S. citizenship.

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