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 desired to be appointed as guardians of the minor child Tenzin when he was just about four and a half years old and was studying at TCV, Dharamsala Cantonment. Tenzin was then residing in the hostel premises of TCV.

4. The respondents preferred a petition under Sections 7, 8, 9, 10 & 11 of the Guardians and Wards Act, 1890 to obtain the custody of the minor child Tenzin in the Court of Senior Civil Judge, Senior Division, Dharamsala. The High Court of Himachal Pradesh transferred the case to the Court of Sh. Madan Kumar, Senior Civil Judge, Senior Division, Shimla, Himachal Pradesh, who was then exercising powers of District Judge under the Guardians and Wards Act, 1890. This petition was registered as Petition No. RBT 8-2/2013. The respondents in this petition, who were the petitioners in the Guardianship Petition, stated that by way of sponsorship support, they have committed for funding of the entire education, boarding & lodging expenses of Master Tenzin until he passes the school. The respondents also committed themselves to sponsor Master Tenzin’s higher education – whether in India, or abroad.

5. The respondents disclosed that they had deposited US$ 480 towards sponsorship of Master Tenzin for the period August 2012 to August 2013. The respondents stated that they had identified Master Tenzin for future adoption, as and when permissible within the parameters. The respondents claimed that TCV had disclosed that they have a policy to allow sponsorship support arrangement for minor orphan children studying in their school, and the concerned children could take their decision with regard to adoption by their prospective/potential adoptive parents. As an interim arrangement, TCV allowed the sponsors exclusive access to the child, and also made custody arrangement during vacation, with permission to take the child out of the school premises. It was claimed that TVC had also represented that their office had a policy to identify the families for adoption in which, at least, one of the parents should be of Tibetan origin. Respondent no.1 claimed that he is of Tibetan origin and follows the Tibetan religion. His first language is Tibetan. He has been educated in the famous Tibetan Swayambhunath Monastery, Kathmandu, Nepal. Respondent no.1 disclosed that he was born in Kathmandu in the year 1973; he lives in Anchorage, Alaska, USA; he is a composer of Tibetan music and culture, and is popular by the name of Culture Brothers. He has published five albums of music inspired from his Tibetan heritage. Respondent no.2 disclosed that she is the wife of respondent no.1; she is an artist by profession; she was born in Milan, Italy in the year 1972; she also lives in Anchorage, Alaska, USA; she is an internationally recognised artist of visual arts, sculptures and ph