JUDGMENT :

1. The present petition assail the order passed by the learned Judge, Family Court No.5, Pune on 13/04/2022, on an application fled by the petitioner/wife (Exh.12), seeking permission to relocate and shift alongwith her minor daughter to Krakow, Poland. By the very same order, the learned Judge has partly allowed the application fled by the respondent/husband (Exh.18) seeking a restraint order against the wife from taking the minor daughter, out of the jurisdiction of the Court and further injuncting the mother from changing the school of the daughter and for depositing her passport with the Court during the pendency of the petition.

The two applications were fled in P.D.No.31 of 2020 i.e. a petition fled by the wife, seeking permanent custody of the minor child.

2. The impugned order in the background of the applications will have to be appreciated by introducing brief facts.

The marriage between the petitioner and the respondent was solemnized on 08/07/2010 as per the Hindu rites and customs and without going into further details of their premarital relationship, suffice it to say that a daughter was born out of the wedlock on 08/07/2013.

The petitioner/wife allege that the respondent and his family was always hostile towards her and she accused her mother-in-law of commanding a dominant position in the entire household, which resulted in harassment to the petitioner, since she was required to engage in various domestic activities. The petitioner claims to be an Engineer by profession and prior to her marriage, she was gainfully employed with TCS and according to her, she was graded as Class I performer (Grade ‘A’). However, since she was overburdened with domestic work, she was not able to perform and she was reverted to the lower grade of performance.

Attributing irretrievable breakdown of marriage between the two, by referring to various specific instances, the petitioner/wife fled the petition for dissolution of marriage before the Family Court, Pune on 14/11/2017, stating that though she was residing with the respondent/husband and her daughter in Delhi, on account of ill-treatment, disgrace and humiliation suffered by her, she returned to Pune alongwith her daughter and admitted her in a school, since her mother is residing in Pune. Pleading that the marriage had irretrievably breakdown and the marital relationship has been completely deteriorated on account of the conduct of the respondent and expressing difficulty in continuing the relationship on account of the mental cruelty and agony, she sought dissolution of marriage under Section 13(1)(i) and (i-a) of the Hindu Marriage Act.

3. One more petition came to be fled by the petitioner/wife under Sections 7 and 8 of the Guardian and Wards Act, which was numbered as P.D. No.31 of 2020 and a relief was sought to the effect that she shall be declared as sole guardian and custodian of the minor child, aged about 7 years. The said petition came to be fled on 25/11/2020, wherein she pleaded that she had single handedly taken care of the daughter, since her birth, without any assistance from the respondent or his family and she was forced to leave the matrimonial home and her parents have been supporting and assisting her in taking care of her daughter. She also state that she as well as her daughter are attached to her parents and who endevour their co-operation in the activities of the minor child who is an extremely brilliant girl and deserve a conducive and affectionate environment. Pleading that she, as a mother, is best suited to promote her child’s welfare and since, the child has not spent a single day under the exclusive care of the respondent, as he has prioritized his career and position in the society over the interest of his family and has made a meager contribution towards maintenance of the child, it was averred that he is disqualified from seeking her custody.

The petitions were contested by the respondent/husband by fling various affidavits from time to t