REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2704 OF 2010

(Arising out of SLP(C) No.19935/2009)

Vikram Vir Vohra

..Appellant(s)

Versus

Shalini Bhalla

..Respondent(s)

J U D G M E N T

GANGULY, J.

1.

Leave granted.

2.

This appeal by the husband, impugns the judgment

and order dated 27.07.09 of Delhi High Court

which upheld the judgment and order of the

Additional District Judge passed in relation to

applications filed by both the parties under

Section 26 of the Hindu Marriage Act

(hereinafter “the Act”). The impugned judgment

1

permitted the respondent-wife to take the child

with her to Australia.

3.

The material facts of the case are that the

parties to the present appeal were married as

per the Hindu rites on 10.12.2000. A child,

Master Shivam, was born to them on 05.08.02. In

view of irreconcilable differences between the

parties they had agreed for a divorce by mutual

consent under Section 13-B of the Act and filed

a petition to that effect and on 05.09.06 a

decree of divorce on mutual consent was passed

by the Additional District Judge, Delhi.

4.

A