JUDGMENT

NAVIN CHAWLA, J.

1. MAT.APP.(F.C.) 135/2024 has been filed by Smt. Sunaina Rao Kommineni (hereinafter referred to as the, „Wife‟), challenging the Order dated 15.04.2024, passed by the learned Judge, Family Court-01, South East District, Saket Courts, Delhi (hereinafter referred to as, „Family Court‟), in G.P. No. 27/2023, titled Smt. Sunaina Rao Kommineni v. Sh. Abhiram Balsus, (hereinafter referred to as, „GP‟) whereby the GP filed by the wife under Sections 7 , 8, 9 and 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the „G&W Act‟) has been rejected by the learned Family Court for want of territorial jurisdiction.

2. W.P.(CRL) 912/2023 has been filed by Mr.Abhiram Balusu (hereinafter referred to as the „husband‟), inter alia, praying for a Writ of Habeas Corpus, directing the production of the male minor child of the parties, and further seeking permission to take the minor child back to Arizona, USA.

3. As the appeal and the Writ Petition are based on identical facts and involve overlapping issues concerning the welfare of the minor child, they are being decided together by way of this common judgment.

FACTS OF THE CASE:

4. The husband has been residing