JUDGMENT

G.S. Sistani, J. This is an appeal under Section 19 (1) of the Family Courts Act, 1984 for setting aside the judgement dated 20.08.2018 by which a petition filed by the appellant seeking guardianship of her two minor children has been dismissed.

2. At the very outset we may note that this is not a first round of litigation between the parties.

3. The necessary facts required to be noticed for disposal of this appeal are that the marriage between the parties was solemnized by a civil marriage at New York on 22.08.2006 and a certificate of registration of the same date was issued by the Marriage License Bureau, the city of New York, USA under US laws. On 23.12.2007 marriage by way of Anand Karaj was solemnized at New Delhi, India. From this wedlock, two children were born. A daughter was born on 27.08.2012 in the U.S. and a son was born on 12.09.2016 in India. In the year 1998, much prior to her marriage with the respondent, the appellant had gone to USA to study. As per the petition, in the year 2000, she met the respondent in USA while pursuing her study at Hunter College, USA. The appellant was staying in USA on a student visa.

4. As per the appellant, a civil marriage was performed in USA on 22.08.2006, as she was unable to travel to India to solemnize her marriage on the student visa and the civil marriage in New York was never intended to be a solemnized marriage, but was merely a device to enable the appellant to overcome her travel restrictions. Subsequent to the civil marriage, the appellant became a green card holder which allowed her to travel to India for the Anand Karaj ceremony. The marriage at New Delhi was attended by all close family relatives of the parties. It is also an admitted fact that both parties had settled in USA, post their marriage. They both worked together as dentist between the period 2011 to 2016.

5. As per the appeal, the appellant faced immense hostility from the respondent and his family on the ground that it was a love marriage and the appellant belonged to a different caste. Family of the respondent was also upset as she did not bring enough dowry. In December 2011, the appellant conceived the first child. It is alleged that the respondent and his family members acted with the cruelty and harassment multiplied, when they found that she was bearing a girl child. In March 2012, she called her mother to USA. It is alleged that the respondent was an absentee husband and did not give any love or support at this precarious time of her life. It is also averred in the appeal that in May 2012, the appellant was kicked out from house of the respondent by the father of the respondent in the middle of the night. She decided that she could not bear the maltreatment any more and flew to India with her mother in the sixth month of pregnancy. However, the respondent convinced her to return to USA assuring that things will improve. On her return, she did not find any change in his attitude. She requested her mother to fly to USA to assist her during the advanced stage of pregnancy. In these circumstances a baby girl was born on 27. 08.2012 in USA and thus, she is an American citizen by birth. The mother of the appellant looked after the infant for six months and returned to India thereafter.

6. It is further averred that the marital discord between the parties continued even after the birth of the child. The allegations are that the respondent called escorts/prostitute services. When she would confront the respondent, he tortured her by telling her that it was all her fault. Efforts to resolve the differences did not lead to any result. In March, 2013, the appellant became an American citizen. The torture and torment against the appellant continued till the year 2015. It is also alleged that the appellant found that her husband was inappropriately close to one female co-worker, but in order to maintain peace in the marriage and to ensure safety of the daughter from Child Protective Service