1,50, 0000/ which was in the joint name of the appellant and respondent, as a companydition of the settlement.
He further directed that if Vipin Menon failed to produce the child before the police then the police should register a case against him and also proceed to declare him a proclaimed offender.
The appellant is doing her research for the degree of Ph.D. in America.
Vipin Menon challenged the order of the Magistrate by way of petition under Section 482, Criminal Procedure Code.
A female child Soumya was born to them on August 26, 1985.
While Soumya was residing with her maternal grand parents at Bangalore, Vipin Menon came to see her on April 29, 1992 and in the process took her away to Bombay.
The High Court quashed the order of the Magistrate by reaching a finding that Vipin Menon being a natural guardian of Soumya companyld number be charged with the offence of kidnapping.
Another divorce petition filed by him is pending before the Family Court, Bombay.
This appeal by Chandrakala and her father is against the order of the High Court.
In August 1987 husband and wife went to U.S.A. leaving the minor child with her maternal grand parents at Bangalore.
It is number necessary for us to delve into these allegations.
The child was number produced on the said date and a telegram was sent by Vipin Menon seeking adjournment on the ground that he was held up at Bombay due to unavoidable reasons.
It is alleged by the appellant that she and her husband entered into a settlement to get divorce by mutual companysent and it was also agreed that Soumya would stay with her maternal grand parents at Bangalore.
Appellant Chandrakala married respondent Vipin Menon on January 16, 1984.
In May 1990 Soumya was sent back to Bangalore to live with her maternal grand parents and since then for most of the time she has been living with them.
In June 1989 Soumya joined her parents in America.
The fact remains that the parties filed a joint petition for divorce by mutual companysent before the District Judge Palakkad on July 3, 1992.
Special leave granted.
Unfortunately differences arose between husband and wife during their stay in America and it became difficult for them to run their married life smoothly.
It is further alleged that the respondent was given a fixed deposit receipt for Rs.
Respondent Vipin Menon has filed an application for custody of the child under the Guardian and Wards Act read with Hindu Minority and Guardianship Act before the Family Court at Bangalore.
Inspite of daughter Soumya being a uniting factor they companyld number overcome their differences and ultimately a situation came when it became difficult rather impossible for them to live together.
