HC order on child custody

The Delhi High Court on Friday directed an NRI woman to appear with her four-and-a-half year daughter before the UK High Court to join proceedings initiated by her husband accusing her of illegally detaining their daughter. A division bench headed by Justice Sanjay Kishan Kaul asked Shilpi (the wife) to appear before the Family Division of U K High Court in compliance with its previous order within two weeks. If she failed to do so, this bench would pass an order handing over temporarily the child's custody to the husband, the bench said while disposing of a petition filed by Aviral Mittal, the husband. Mittal's counsel Prabhjit Jauhar submitted the couple had been residing in the UK after their marriage in November 2003 and in 2006 their minor daughter was born there. Due to marital discord, the wife came to India with her daughter in September 2008 but she failed to return to England and cancelled the return ticket, the counsel said. Despite the husband's attempts to bring her back, she refused to go back and alleged that he needs psychiatric treatment, Jauhar added. Perturbed over the wife's attitude, Mittal moved a petition before the UK High Court which has directed the wife to appear before it with the child within 14 days. But she failed to comply with the UK court's order. Finally, the husband had to approach the Delhi High Court.

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