S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).9220/2010
(From the judgement and order dated 08/03/2010 in CMM No. 448/2009 of the HIGH COURT OF DELHI AT NEW DELHI)
RUCHI MAJOO Petitioner(s)
VERSUS
SANJEEV MAJOO Respondent(s)
(With prayer for interim relief)
Date: 15/09/2010 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE AFTAB ALAM
HON’BLE MR. JUSTICE CHANDRAMAULI KR. PRASAD
For Petitioner(s)
Ms. Indira Jai Sing, ASG
Mr. Sanjay Parekh, Adv.
Mr. Anish R. Shah, Adv.
Ms. Soumya Ray, Adv.
Mr. Ashish Bhan, Adv.
Ms. Mamta Saxena, Adv.
Ms. Smidhi Sinha, Adv.
Ms. Sonam Anand, Adv.
Mr. Mukul Kumar, Adv. (NP)
For Respondent(s)
Mr. Pallav Shishodia, Sr. Adv.
Mr. Dhruv Mehta, Sr. Adv.
Mr. Mukul Kumar, Adv.
Mr. Sudhir Pal Singh, Adv.
Ms. Anitha Shenoy, Adv. (NP)
UPON hearing counsel the Court made the following
O R D E R
Put up before a Bench of which one of us (Aftam Alam, J.) is not a member.
(N.S.K. Kamesh) (S.S.R. Krishna)Court Master Court Master
UPON hearing counsel the Court made the following
O R D E R
In this case, the parties, who are of
Indian origin, had gone to USA and had a child
there, who having been born in USA has US
citizenship.
SLP(Civil) No.9220/2010
The parties also took up US citizenship.
Thereafter, the petitioner (wife) returned to
India and filed a petition for custody and
guardianship, which is pending before the
District Court, Delhi. At the same time, the
husband also filed a petition for guardianship
in the Superior Court of California, USA which
has been allowed. The District Judge III (west)
Delhi dismissed the husband’s application for
dismissing the wife’s petition.
The Delhi High Court has allowed the
petition filed by the husband-respondent herein,
and dismissed the Guardianship petition filed by
the wife on the ground that the District Judge,
Delhi has no jurisdiction to entertain the said
petition.
This matter pertains to private
International law. Hence, we would like to get
the assistance of the Indian Society of
International law, Bhagwan Das Road, New Delhi,
as it has expertise in the matter. Issue notice
to the Indian Society of International Law which
is requested to assist us as amicus curiae in
the matter. The Indian Society of International
Law is requested to depute some expert in
private international law to appear before us to
assist us in the matter.
In the meantime, the interim order passed
by this Court will continue. Copies of the
proceedings and other relevant papers may be
forwarded forthwith by the Registry of this
Court to the Indian Society of International
Law, Bhagwan Das Road, New Delhi.
Mr. Sanjay Parikh, learned senior counsel
has stated that he recuses himself from any
exercise undertaken by the Indian Society of
International Law, since, he is a member of the
executive council of the Society and he is
appearing for the petitioner in this case.
List this matter on 9th November, 2010.
(Deepak Joshi) (Indu Satija)
Sr. P.A. Court Master
