S.G. Shah, J.

1. The petitioner herein is original defendant; whereas respondent is original plaintiff before the Family Court at Ahmedabad in Family Suit No. 1546 of 2015. They are referred in the same capacity herein also.

2. The petitioner - defendant has challenged the order dated 21.10.2015 by the Family Court, Ahmedabad below Exh. 5 in such Family Suit No. 1546 of 2015. The plaintiff has filed the suit on 28.8.2015 for declaration, permanent injunction and other reliefs under the provisions of Section 7(1)(g) of the Family Courts Act, 1984 read with Sections 9 and 25 of the Guardian and Wards Act, 1890 praying following reliefs in paragraph 35 of the suit:-

"a) The Honourable Court be pleased to declare that the plaintiff, being the natural guardian of the minor Vihaan Binaykia, is entitled to, and has the legal right, power and authority, to retain the custody of the minor Vihaan Binaykia and that the respondent is not entitled to remove minor Vihaan Binaykia from the custody of the plaintiff.

b) The Honourable Court be pleased to grant a permanent injunction restraining the defendant from interfering with, or removing minor Vihaan Binaykia from the custody of the plaintiff.

c) The Honourable Court be pleased to grant a mandatory injunction that the defendant do sign the necessary applications/papers/documents for renewal of the passport of minor Vihaan Binaykia and for submitting and processing the application of minor Vihaan Binaykia for acquiring OCI Card (Overseas Citizen of India Card) to the competent authorities.

d) Such other and further reliefs as may be deemed fit and appropriate be granted.

e) Costs of the suit be awarded."

3. In such suit, plaintiff has also preferred an application for interim relief at Exh. 5, order below which is under challenge at present, wherein plaintiff has prayed as under:--

"a) During the pendency and final disposal of the family suit, the Honourable Court be pleased to direct the defendant to refrain from interfering with, or removing minor Vihaan Binaykia from, the custody of the plaintiff.

b) During the pendency and final disposal of the family suit, the Honourable Court be pleased to grant a mandatory injunction that the defendant do sign the necessary applications/papers/documents for renewal of the passport of minor Vihaan Binaykia and for submitting and processing the application of minor Vihaan Binaykia for acquiring OCI Card (Overseas Citizen of India Card) to the competent authorities.

c) Such other and further reliefs as may be deemed fit and appropriate be granted.

d) Costs of the suit be awarded."

4. The chronology of events amongst the parties and dispute between them is very well averred in the pleadings, both before the trial Court as well as before this Court as well as in the synopsis with the petition and therefore, except to recollect necessary information at relevant time, I do not wish to discuss or reproduce all such factual details at present for the simple reason that present petition is against the interim order and main challenge by the defendant - plaintiff is regarding jurisdiction of the Courts of India. Therefore, relevant details would be recalled while discussing the issue of jurisdiction. Similarly, the development from the date of filing the suit i.e. 28.8.2015 till date will be taken care of with the relevant discussion only.

5. The basic grievance of the defendant is pertaining to the territorial jurisdiction of the Courts in India considering the fact that parties to the suit are otherwise residents of United States of America (U.S.A.) and that plaintiff has brought the child to India only in the month of August, 2015, and immediately filed such suit and thereby, it is alleged that this is nothing, but forum shopping to select the jurisdiction of Indian Court and therefore, when parties were residing in U.S.A. for long time and when minor is ci