( 1 ) THE petitioner/husband and the respondent/wife, both Canadian citizens married in the year 1987 in India at Delhi. Two children, named Arjun Kachroo and Bhareth Kachroo were born to them. The dispute of custody arising in the present case is now confined to the younger son Bhareth aged about 9 years since the other son Arjun has almost attained majority.

( 2 ) IN June 2001, the parties came to India to permanently settle down here, but after some time differences arose between the parties. A settlement was reached between the parties whereby it was agreed that: (a)The respondent would go back to Canada and start her practice as Doctor. (b)Both the children would also be admitted to their earlier school, Bay View Glen in Canada.

( 3 ) THEREAFTER, in December, 2003, the respondent, for the purposes of making arrangements to settle down there, went to Canada and came back to India in March, 2004. After she arrived in India, she claimed that she was denied access to both her children and, therefore, on 7th April, 2004, a guardianship petition No. 116/2004 was moved by her in the Court of Guardian Judge, Delhi, who after considering all the circumstances of the ca