1. The present petition under Article 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of the order dated 12.02.2019 passed in Civil Misc. Application No. 106 of 2018 filed in Family Suit No. 1665 of 2015.

2. The case of the petitioner is that the parties to the petition are estranged matrimonial relations. The petitioner is the husband whereas the respondent is the wife and out of wedlock one child is born named as Vihaan Binakia who is at present under the custody of the petitioner, pursuant to the orders of the court. The petitioner resides in India with Vihaan, whereas the respondent – wife resides in California, USA. On account of such estranged relationship, the petitioner was constrained to file Family Suit No. 1665 of 2015 on 18.09.2015 for seeking decree of divorce under the provisions of Section 13(1) of the Hindu Marriage Act, 1955. The petitioner also filed another suit under Section 7(1) (g) of the Family Courts Act, 1984 being Family Suit No. 1546 of 2015, for retaining the custody of Vihaan, before the Family Court, Ahmedabad on 28.08.2015 in an Exhibit-5 application. Ultimately, the court issued notice and refu