SANJAY KISHAN KAUL, J.

( 1 ) ADMIT.

( 2 ) AT the request of the learned counsel for the parties, the petition is taken up for final disposal.

( 3 ) THE tussle for the custody of the minor child brought by the respondent to india from Canada has given rise to the present petition.

( 4 ) THE petitioner is the father of Anika, a girl child born on 5. 11. 1998 in canada out of the wedlock between the parties. The petitioner, the respondent and the minor girl are all Canadian citizens.

( 5 ) PRIOR to the dispute, the petitioner and the respondent were married for 12 years since 1991 and were residing in Canada. During this period of time both the petitioner and the respondent were gainfully employed.

( 6 ) THE respondent along with Anika came to India on 2. 12. 2003 for a planned visit and were to stay in India till 2. 2. 2004 Both of them came to India on return tickets of the said dates. The return was postponed and ultimately in the latter part of February 2004, the respondent informed that she had no intention to return back to Canada. The petitioner immediately contacted the respondent through E-mail expressing concerns about Anika s future and the need of the respondent to return

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