ORDER

Heard.

1. This petition has been filed under Article 227 of the Constitution of India by the petitioner/plaintiff/wife against the order dated 4.8.2022 passed in HMA Case No.1335 of 2022 by First Additional Principal Judge, Family Court, Indore whereby the application filed by the petitioner under Order 39 rule 1 & 3 read with section 151 of C.P.C. and section 7 of the Family Courts Act, 1984 has been dismissed.

2. Shorn of details, the brief facts of the case are that the petitioner-wife and the respondent-husband got married as per Hindu rites at Lonavala, Maharashtra on 18.1.2014. Out of this wedlock their daughter Miraya was born in Chicago U.S.A., and as such is a U.S. citizen and also holds permanent residency card of Canada and O.C.I. card of India as in the year 2018, the petitioner and her daughter Miraya and respondent became permanent residents of Canada. As as it transpired, a matrimonial discord took place between the parties from 25.10.2021 to January, 2022 and subsequently on 27.1.2022, the petitioner and her daughter Miraya left Canada for India, and since then they are living with petitioner’s parents in Indore. The parents of the petitioner and the respondent