Sathish Ninan, J.

1. An order negativing the challenge against the jurisdiction of the Family Court at Kollam to entertain the Original Petition under the Guardian and Wards Act, 1890 (for short, “the Act”) is under challenge by the respondent in the Original Petition.

2. On 22.08.1987, the since estranged couple who were Indian Nationals got married in accordance with the Hindu religious rites, the community to which they belong, at the Sri Vidhydhiraja NSS Auditorium, Anandavalleswaram, Kollam. Both of them acquired American citizenship. On 10.12.2005, a boy child, Kiran Vidyuth Nair, was born to them. It appears that the relationship between the parties got strained, and on 28.07.2006 the wife came back to India to her native place at Kollam with the child. Though the husband/appellant would contend that prior to that he had instituted a custody petition regarding the child before the Family Court in the State of New York, the wife would contend that she was then not aware of the proceedings. Anyhow, it is not in dispute that there were no prohibitory or custody orders from any court at the time when the wife flew to India with the child. It is also undisputed that the w