MISHRA, J.

Respondent Konel Parekh and the appellant Radhika were married in accordance with Hindu rites on 1st of April, 1990 and a male child was born to them on 30th March, 1991. On 16-12-1991, however, Konel filed O.P. No. 694 of 1991 in this court seeking his appointment as the guardian of the son born on 30th March, 1991, named parthiv and also for other reliefs. He applied for a direction that he be given interim custody of Parthiv in Application No. 6404 of 1991 in the said petition, O.P. No. 694 of 1991. Radhika, the appellant, responded to the notice stating inter alia that she had moved the family Court at Bombay seeking reliefs inter alia of divorce and for the interim custody of the minor child Parthiv, maintenance and restraint orders on 6-12-1991. The Family Court at Bombay on 11-12-1991 by an order, restrained Konel from forcingly removing the child from her custody. She stated in her return that the order of restraint became necessary in view of the fact that the respondent had physically deprived her of the company of her then seven month old minor child between the period 10-11-1991 and 2-12-1991 and had in fact sought to leave the country with the min