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2015 Supreme(Del) 2471

VIPIN SANGHI
THE TIBETAN CHILDREN’S VILLAGE SCHOOL – Appellant
Versus
KARMA LAMA – Respondent


Advocates Appeared:
Mr. Jagdeep Kishore, Advocate.
Mr. Gopal Subramanium and Mr. Sandeep Sethi, Senior Advocates along with Mr. Giriraj Subramanium, Mr. Hitesh Kumar Saini & Mr.Ankit Mishra, Advocates for respondents No.1 & 2.

JUDGMENT :

VIPIN SANGHI, J.

1. This application has been preferred by the respondent No.1 to seek permission of this Court to allow the respondents to temporarily travel with the minor child in question, viz. Master Tenzin Tsering (Tenzin for short) to United States of America (USA). The application has been opposed by learned counsel for the petitioner.

2. A little background of the case may first be noted. The common case of the parties is that one lady, namely Ms. Tashi Choedon brought with her a Tibetan Buddhist male child, i.e. Tenzin, when he was just one and a half years old to the Tibetan Children’s Village (TCV) at Dharamsala Cantonment from Nepal. As per information furnished with TCV, the child was born on 03.03.2007 in Nepal. The whereabouts of the natural and biological parents of the minor child Tenzin are not known. This fact is recorded in the records of the school, i.e. TCV. Tenzin was enrolled vide Roll No.01/10796/08 in the Baby Home. His date of admission in TCV was shown as 13.08.2008.

3. The respondents, namely, Mr. Karma Lama & Mrs. Paola Pivi are permanent residents of USA and, presently, they are temporarily residing in Northern India. The respondents desir















































































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