JUDGMENT (Oral)

1. The present petition under Article 226 and 227 of the Constitution of India has been filed seeking following prayers:

"(a) Setting aside the impugned Order dated 08.07.2020 passed by District Court of Montgomery County, Virginia. b) Directing Respondent No.1 to repatriate/hand over the custody of 4 years old son Reyansh to the petitioner."

2. Marriage between the petitioner and the respondent No.1 was solemnized on 07.06.2011 at Maa Bhishmchandi Mandir, Shanti Margh, Cantonment, Varanasi, U.P. They were blessed with a baby boy named Reyansh on 29.06.2016.

3. As stated in the present petition, on 13.01.2019, respondent/mother fled with the minor son to USA without the consent of the petitioner.

4. She also filed a divorce petition before the Family Court, Tis Hazari, Delhi on 11.02.2019. She had executed a power of attorney in favour of her sister to file and pursue the said divorce petition as she had left India before filing the same.

5. It is also pertinent to note that pursuant to the impugned order dated 08.07.2020, passed by the District Court of Montgomery County, U.S., Virginia in a petition filed by Respondent No. 1, the above Court, keeping in mind the best i