“The best way to make children good is to make them happy”

- Oscar Wilde

Matrimonial discords are on the rise at an alarming rate. The sanctity of marriages is under cloud, which in a great way affects the society at large. The cultural heritage of a country is greatly influenced by a pattern of behaviour of individuals and more so, in matters of matrimony. Conflict of laws and jurisdictions in the realm of private international law is a phenomenon that has assumed greater dimensions with the spread of Indian diaspora across the globe.

2. It is, no doubt, true that in a large number of matrimonial cases, one of the parties may return to the country of his or her origin for family support and shelter. It is unfortunate that in their fight more often on account of egoism, the children suffer. The child has practically no role in breaking of the marriage, but he or she suffers. The marital discord sometimes reaches a stage where the parties are unmindful of what psychological, mental and physical impact it has on children. The case at hand is a classic example where the only child Srihari, aged 6 years, born in America and hence, a citizen of that country by birth, has become the focus of controversy. Bitter legal fights have been fought and the corridors of the courts have been travelled by the parties but in vain.

3. The petitioner / husband filed Original Petition in O.P. No. 285 of 2012 under Section 25 of the Guardian and Wards Act 1980 r/w Order XXI Rules 2 and 3 of the Original Side Rules for grant of custody of the person of the minor child, viz., Srihari, born on 16.09.2008 from the respondent / wife. He also filed suit C.S. No. 129 of 2013 for declaration that the order / judgment passed by the Superior Court of California, County of Orange in Case No. 11D009457 on 01.5.2012 is conclusive and binding on the defendant and enforceable within the jurisdiction of Indian Courts, for consequential declaration that the plaintiff P.K.Srikumar is the natural guardian of his minor son Srihari Srikumar and is the legal custodian of the minor child and for costs.

4. Resisting the Original Petition as well as the Civil Suit, the wife filed counter and written statement denying the averments made by the husband and sought for dismissal of the petition and the suit.

5. A brief reference to the factual aspects leaving out the maze of unnecessary facts would suffice:

(a) The plaintiff married the defendant on 31.8.2007. Even at the time of engagement in April 2007, he was a permanent resident of United States of America and the defendant / wife had a valid H1B visa and after marriage, they were employed and settled down in USA.

(b) Out of the said wedlock, the minor Srihari Srikumar was born on 16th September 2008 in USA. After delivery, since the defendant behaved indifferently, she was given treatment for depression in USA and she completely ignored the same.

(c) On 1st November, 2009, both the plaintiff and the defendant along with their child came to India with confirmed tickets to USA on 19th November, 2009. The defendant stayed back with her parents when she had been for tonsuring of the child. But the defendant expressed her inability to return to USA because of the delay in stamping her passport at the US Embassy in India. Therefore, the plaintiff along with his parents and the minor child, left to USA on 19th November 2009.

(d) Since the defendant was non-co-operative to join him in United States for more than one and half years and even the endeavour of the plaintiff to get her Permanent Resident Status in USA went in vain, the plaintiff's father came down to India on 11th July 2011 and the plaintiff along with his mother and minor child came to India on 13.8.2011.

(e) After return to India, the plaintiff came to know that the defendant was employed in CTS, a Software Company in Chennai from April 2010 and she has not eve