Case: LAHARI SAKHAMURI Vs. SOBHAN KODALI

5. The brief facts of the case which manifests from the voluminous record placed before us are that the appellant (Lahari Sakhamuri) and respondent (Sobhan Kodali) are the parents of the minor children. Appellant (Lahari Sakhamuri) went to USA for her masters in September, 2004 and thereafter started working in USA. She is a Biomedical Engineer by profession. Respondent (Sobhan Kodali) is also highly qualified and went to USA in July 2005 and is presently a Cardiologist by profession. Their marriage was solemnized according to Hindu rites in Hyderabad on 14 th March, 2008. From this wedlock, son, namely, Arthin and daughter Neysa were born on 14 th March, 2012 and 13 th October, 2014 and both are US citizens and also hold US passports. The couple purchased house in Pennsylvania on 29 th January, 2016 in their joint names and moved to their new home. The son started going to a school in September 2014 and a daughter in December, 2016. Both the children being there in US from their birth, the social and cultural value of US certainly was embedded in both of them.6. This fact cannot be ruled out that something certainly has gone wrong in their marital relations and it went to an extent where the appellant (Lahari Sakhamuri) took a decision to file petition for divorce and custody of the minor children in US on 21 st December, 2016 on the premise that there was a complete irretrievable breakdown of marriage under the Divorce Code, 1980 prevalent in US. It may be relevant to note that along with the application filed for divorce and custody of minor children, there is a prescribed format which has to be filled disclosing the details of any wrong, if happened physically or abuse has been committed and the fact is that she was completely silent and positive in assertion in her application. Although both the parties were residing together in the same house, with joint legal custody of their children who were residing with them and there was no criminal/abuse history ever in the past.7. Irretrievable breakdown of marriage can be due to marital difficulties with no reasonable prospect of reconciliation but it appears that in the US before such matrimonial matters are taken up for adjudication on the judicial side, all efforts are being made for conciliation and mediation between the parties which is also being actively taken note of under Section 89 of Code of Civil Procedure of resolving matrimonial and custodial disputes through the process of mediation and which is very successful and effective in India as well.8. It reveals from the record that on the date of filing of the petition for divorce and custody of minor children by the appellant (Lahari Sakhamuri), i.e. 21 st December, 2016 in US, the order came to be passed on the petition directing respondent (Sobhan Kodali) to appear for conciliation conference on 20 th January, 2017 and both the parties were directed not to change the residence of the children which would affect the other party?s ability to exercise custodial rights. It may be appropriate to quote the extract of the order which came to be passed on the application filed by the appellant (Lahari Sakhamuri) which reads asu, Sobhan Kodali, Defendant/Respondent, have been sued in court to obtain shared legal and primary physical custody of the children, Arthin Kodali, born March 14, 2012 and Neysa Sakhamuri Kodali, born October 13, 2014.You are ordered to appear in person at Room 325, Lehigh County Courthouse, 455 W. Hamilton Street, Allentown, Pennsylvania, on January 20, 2017 at 2:00 p.m. ,you fail to appear as provided by this Order, an order for custody may be entered against you or the Court may issue a warrant for your arrest.You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the Complaint or Petition.No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOs with Disabilities Act of 1990The Court of Common Pleas of Lehigh County is required by law to comply with thewith Disabilities Act ofFor information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator?s Office at (610) 782-3014. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference orRR Date J.It reveals from the record that efforts were going on in the process of conciliation and the same were held on 21 st March, 2017 and since the parties could not arrive to any consensus regarding the custody of their children, another conference was scheduled as agreed for 25 th March, 2017.10. By the time parties could reach to a final consensus by the intervention of the trained conciliators which indisputedly play a very pivotal role in matrimonial matters, there was a sad demise of the maternal grandmother of the appellant (Lahari Sakhamuri) and in providing strength and support to the family, the appellant travelled to India with both the minor children on 23 rd March, 2017 with return tickets of 24 th April, 2017 and within 20 days of coming to Hyderabad(India) where her family reside, filed a petition in the Family Court, Hyderabad on 12 th April, 2017 seeking custody of minor children and injunction against respondent (Sobhan Kodali) under the Guardians and Wards Act, 1890 and she was able to succeed in getting ex-parte interim injunction on 12 th April, 2017. It would be appropriate to quote the extract of the ex-parte injunction order passed by the learned Family Court, Hyderabad dated 12 th April, 2017 which is asIN THE COURT OF JUDGIGE ADDITIONAL FAMILY COURTNo. 292 OFEEN :Smt. Lahari Sakhamuri, W/o Sobhan Kodali, Hindu, aged 34 years, R/o Plot No. 443/A-28, Road No.86, Jubilee Hills, Hyderabad T.S … Petitioner ANDSobhan Kodali, S/o Dr. Jaya Ramesh Kodali, Hindu, aged about 37 years, R/o # 2C85, Bellflower Lane, Centre Valley, Lehigh County, Pennsylvania-18034, USA/o Dr. Jaya Rameshaged about 37 years, R/o #, USAUPON MOTION made unto this court by Sri K. Chaitanya, Counsel for the petitioner seeking the court to grant ad interim injunction restraining the respondent from forcibly taking away the minor children Arthin Kodali and Neysa Sakhamur from the custody of the petitioner pending the above O.P.Upon hearing of the arguments of the counsel for the petitioner this court while issuing notice to respondent returnable by 26.04.2017 doth order restraining respondent from taking away minor children namely Arthin Kodali and Neysa Sakhamur from the custody of the petitioner till 26.04.2017 and that petitioner should not shift the children from the jurisdiction of this court without permission from the court, and that petitioner should also look after food, shelter and medical facilities of the children petition stood posted to 26.04.2017.Given under my hand and the seal of the court on this the 12 th day of April,. After few days, she also filed a FIR against respondent (Sobhan Kodali) and his family members for offence under Section 498A IPC i.e. on 21 st April, 2017 but after investigation, the police filed closure report on 1 st November, 2017. The fact to be noticed here at this stage is that the very appellant (Lahari Sakhamuri) filed a petition for divorce and custody of minor children in US on 21 st December, 2016, there was no whisper or an averment that there was any domestic violence or abuse either subjected upon her or the minor children by respondent (Sobhan Kodali) and he was informed on 23 rd April, 2017, twelve hours before her flight that she would not be returning and does not have a travel date in mind. Respondent (Sobhan Kodali) and his counsel in the US were orally informed of the ex-parte order which was received by respondent (Sobhan Kodali) on 29 th April, 2017 through e-mail from the counsel for appellant (Lahari Sakhamuri) in India.12. Immediately, on receiving the oral information, on 26 th April, 2017, emergency petition for interim orders in petition for divorce and custody filed at the instance of the appellant (Lahari Sakhamuri) was filed by respondent (Sobhan Kodali). The said application was contested by the appellant (Lahari Sakhamuri) through Attorney and in defence stated that she had only temporarily relocated to India for attending her grandmother?s funeral and providing emotional support to her mother. After hearing the parties, the US Court passed order on 22 nd May, 2017 for continuing the jurisdiction over the custody matter and granted temporary physical custody of the children to respondent (Sobhan Kodali) with a further direction that children be returned to the jurisdiction of the Court in US by 2 nd June, 2017. It would be appropriate to quote the extract of the order passed by US Court on the emergency custody petition filed by respondent Sobhan Kodali on 22 nd May,NOW, this 22 nd May, 2017 upon consideration of the Emergency Petition for Relief Requesting an Interim order of custody filed 26.04.2017, by defendant and hearing conducted on 22.05.2017 attended by the defendant / petitioner Sobhan Kodali represented by his legal counsel, Mark B. Dischell, Esquire and plaintiff/respondent, Lahari Sakhamuri having failed to appear for said hearing, but represented by her legal counsel, Mary J B. Eidelman Esquire;IT IS HEREBY ORDERED that. Lehigh County, Pennsylvania, United States of America shall remain the sole home country, home state and country of the parties? minor children, Arthin Kodali born 14.03.2012 and Neyas Sakhamuri Kodali, born. This Court shall have sole continuing jurisdiction of this custody matter which was filed by the plaintiff, Lahari Sakhamuri, on. Pending further order of court, father is granted temporary physical custody of the. Mother shall return the children to Lehigh County, Pennsylvania, United States of America, to the father?s custody on late than. Until the children?s return, father shall have telephone and video chat contact with the children each. Upon her return to this jurisdiction, mother shall not be permitted to travel out of the Commonwealth of Pennsylvania with the minor children without further order of. The passports of the children shall be held in escrow by the parties? counsel or another mutually agreeable. Should the mother fail to return the children to father by 02.06.2017, mother shall pay to father $1,000 each day she does not return the. In the event mother does not return the children to the father by 02.06.2017, father and/or any of his designees being his father, Jayaramesh Kodali; his mother, Vijaya Bharathi; his cousin, Chaitanya Kadiyala, shall be permitted to receive the children from mother in India and bring them to Lehigh County, Pennsylvania, United States of. Until such time as mother returns to the United States, she shall be precluded from seeking child support on behalf of the. A certified copy of this order shall be sent to the America Consulate in India and shall be registered with appropriate court / jurisdiction in Hyderabad,. Within thirty (30) days of this order, mother shall pay father $10,000 as partial payment towards counsel fee incurred by father in this matter. A final determination on the amount of counsel fees to be paid by mother to father will be made by the court after subsequent hearing which may be requested by eitheriel K.. Thereafter, the respondent (Sobhan Kodali) moved an application under Order 7 Rule 11 CPC in the proceedings instituted in the Family Court, Hyderabad asserting that the Family Court, Hyderabad has no jurisdiction to decide the application for the custody of minor children as they are not the ordinary resident of Hyderabad but that came to be rejected vide order dated 15 th September, 2017 holding that the Family Court, Hyderabad is competent to exercise jurisdiction to examine the application filed at the instance of the appellant (Lahari Sakhamuri) on merits.14. At this stage, respondent (Sobhan Kodali) preferred appeal to the High Court under Section 19(1) of the Family Courts Act against the order dated 15 th September, 2017 passed by the learned Family Court, Hyderabad holding jurisdiction to examine the application filed by the appellant (Lahari Sakhamuri) regarding custody of the minor children under Guardians and Wards Act, 1890. Simultaneously, without any loss of time, respondent (Sobhan Kodali) also filed a writ petition seeking Writ of Habeas Corpus for producing the minor children in the custody of the US Court taking note of the earlier order passed dated 21 st December, 2016 followed with order dated 22 nd May, 2017. The appeal and the writ petition were clubbed but were decided by the High Court by separate orders dated 8 th February, 2018 holding that the Family Court, Hyderabad has no jurisdiction as the children are not ordinarily residing within the jurisdiction of the Family Court, Hyderabad as provided under Section 9 of the Guardians and Wards Act, 1890. In consequence thereof, application filed by the appellant (Lahari Sakhamuri) stood rejected. At the same time, in the Habeas Corpus Petition, Order came to be passed dated 8 th February, 2018. The Court finally ordered asIn view of the above discussion and the legal position, we are of the considered opinion that it would be in the best interest of the minor children to return to the US so that they can enjoy there in the natural environment, receive the love, care and attention of their father and paternal grandparents, resume their school and be with their teachers, peers and friends.37. Accordingly, we hereby direct the 5 th respondent to return the children to the petitioner in India within four (04) weeks from the date of receipt of a copy of this order failing which, the Consulate General of the US at Hyderabad shall take the custody and handover the custody of the children to the petitioner in India or in the US by making their comfortable journey to US.38. The 5 th respondent is also highly educated and was gainfully employed in the US for number of years. Accordingly, we hereby grant liberty to the 5 th respondent, whenever she feels to visit the children in US, the petitioner shall make all arrangements i.e., travel, comfortable stay at US and other expenses till the US Court pass directions in the petitions filed by the 5 th respondent or she become the gainful in any country, whichever is earlier.39. As undertaken by the petitioner that, we direct the petitioner that he shall not insist upon costs and fine imposed by the Court of US upon the 5 th respondent.40. We also direct the petitioner that if children are in India and 5 th respondent happens to be in India, the children shall remain with 5 th respondent. He shall give all access to 5 th respondent to chat with the children on whatsapp and video conference etc.Both the orders passed by the High Court while disposing of the appeal filed by the respondent (Sobhan Kodali) under Section 19(1) of the Family Courts Act as well as the Habeas Corpus Petition dated 8 th February, 2018 came to be challenged by the appellant (Lahari Sakhamuri) in the present appeals.16. In the pending proceedings, in the Court of Common Pleas of Lehigh County, Pennsylvania Civil Division-Law, further order has been passed on 9 th March, 2018 permitting the respondent (Sobhan Kodali) to apply for replacement of US passports on behalf of the minor children. The order is reproduced asND NOW THIS 9 th day of March, 2018, upon consideration of the Defendant?s Emergency Petition for Special Relief in Custody, it is hereby ORDERED and DECREED as. Defendant?s Emergency Petition for Special Relief is. Defendant, Sobhan Kodali, is granted sole legal custody of the minor children, Arthin Kodali, born March 14, 2012, and Neysa Sakhamuri Kodali, born October 13,. Mother?s retention of the children in India is a ?wrongful retention? of the children pursuant to the Child Abduction Remedies Act, codified at 23 Pa.C.S. § 5201 et.. Defendant, Sobhan Kodali, shall be permitted to apply for replacement U.S. Passports on behalf of the minor children, Arthin Kodali, born March 14, 2012, and Neysa Sakhamuri Kodali, born October 13, 2014, through application of Form DS-11 attached hereto as Exhibit ?B?, and without Mother?s. The United States Department of State, upon presentation of a Certified Copy of this Order, shall issue replacement passports to Sobhan Kodali, Father of the minor children, even though Father previously requested the entry of the children into the Department?s Child Passport Issuance Alert Program (CPIAP) and received confirmation of the entry of the children into that system on May 24, 2017, via Case Number. Before the submissions made by the learned counsel for the parties being canvassed, it may reveal from the orders passed by this Court that keeping in view the personal relations of the spouse and the utmost and paramount consideration of the welfare of the children on a high pedestal and to find out if there is any possibility in resolving their matrimonial differences through the process of mediation which indisputably plays a very pivotal role in such matters. The parties appeared in person on various dates and at one stage, it was sent for mediation as it reveals from Order dated 12 th October 2018, the Court appointed Mediator used his good office to find out an amiable solution which may be acceptable to the parties and at one stage from Order dated 29 th October, 2018, it reveals that the parties had reached to an amicable solution in resolving their on-going matrimonial differences by sitting across the table with the intervention of the Court appointed Mediator. But what happened thereafter is really very unfortunate that parties could not reach to any final conclusion and both the learned counsel informed this Court that as the mediation could not have been now possible, the matter may be heard and decided on merits.

Reasoning: 29. We have heard learned counsel for the parties and with their assistance perused the record and also the plentitude of judgments cited of this Court. Before we proceed, it will be appropriate to take note of what transpired between the hearing of the instant appeals. On 26 th March, 2018, this Court directed the appellant (Lahari Sakhamuri) and respondent (Sobhan Kodali) to remain personally present on the next date of hearing which was 9 th April, 2018. During pendency of the proceedings, respondent (Sobhan Kodali) was allowed to meet children possibly keeping in view the amicable solution, if possible, to be arrived at between the parties and at one stage by Order dated 12 th October, 2018, the parties were granted liberty to resolve their issues inter se amicably and to facilitate the parties in arriving at an amicable solution, a senior counsel was requested to mediate which was voluntarily accepted by the parties. Pursuant thereto, possibilities of settlements were explored and at one stage, settlement was also arrived at possibly acceptable to the parties as it reveals from the Order dated 29 th October, 2018 of this Court.What unfolded thereafter may not be appropriate for this Court to take notice but the fact remains that agreement arrived at between the parties could not be taken to its logical end. It would have been better and in the interest of the parties themselves to amicably resolve their differences for their better future but as they have failed to do so, the judicial process has to intervene to decide the case on merits based on judicial precedents.31. In the instant case, the facts on record clearly manifest that parties were residing in US since 2004-2005 and their marriage was solemnized in Hyderabad on 14 th March, 2008. Both the children were born in US on 14 th March, 2012 and 13 th October, 2014 and are US citizens with US passports. Notably, the appellant (Lahari Sakhamuri) filed application for divorce and custody of minor children in the US Court on 21 st December, 2016 and order came to be passed by the US Court on 21 st December, 2016. Despite that interim order, the appellant (Lahari Sakhamuri) came to India on 23 rd March, 2017 and within 20 days of her arrival in India, filed an application on 12 th April, 2017 for custody of minor children in the Family Court, Hyderabad concealing her application for custody filed in the US Court. She also did not disclose that an order came to be passed by the US Court against her dated 22 nd May, 2017 after hearing the counsel for the parties. In the given facts and circumstances, we find no difficulty in upholding the opinion of the High Court that the minor children were not ordinary residents of Hyderabad(India) as envisaged under Section 9(1) of the Guardians and Wards Act, 1890. Resultantly, the application for custody of minor children filed before the Family Court, Hyderabad is rightly rejected by the High Court in exercise of power under Order 7 Rule of CPC. At the same time, when the orders have been passed by the US Court, the parties cannot disregard the proceedings instituted before the US Court filed at the instance of the appellant (Lahari Sakhamuri) who is supposed to participate in those proceedings.32. The judgment relied upon by the learned counsel for the appellant of Jasmeet Kaur?s case(supra) may not be of any assistance for the reason that it was a case where one of the child was born in India which was one of the reason prevailed upon this Court to hold that principle of comity of courts or principle of forum convenience cannot determine the threshold bar of jurisdiction and when paramount consideration is the best interest of the child, it can be the subject-matter of final determination in proceedings and not under Order 7 Rule 11 CPC. In our considered view, the application for custody of minor children filed at the instance of the appellant was rightly rejected by the High Court under the impugned judgment, in consequence thereof, no legal proceedings in reference to custody of the minor children remain pending in India.33. The custody of minor children has been considered difficult in adjudication by the Courts apart from raising delicate issues, especially when the spouses are non-resident Indians(NRIs).This Court once again reiterated the principles of the closest concern, most intimate contact with the issues arising in the case, natural habitat of the minor child, best interest of the child and comity of Courts. This Court eventually directed the child to be taken to US from where he was removed to enable the parties to establish their right in the native state of the child, i.e. US.The essence of the judgment in Nithya Anand Raghavan?s case(supra) is that the doctrines of comity of courts, intimate connect, orders passed by foreign courts having jurisdiction in the matter regarding custody of the minor child, citizenship of the parents and the child etc. cannot override the consideration of the best interest and the welfare of the child and that the direction to return the child to the foreign jurisdiction must not result in any physical, mental, psychological, or other harm to theCourt, after taking into consideration totality of facts and circumstances, observed that the custody of the minor girl child to remain with the appellant mother until she attains the age of majority or the court of competent jurisdiction, trying the issue of custody of the minor.It was her own admission in the declaration form annexed to the application that no mode of domestic violence or abuse was ever subjected upon her or upon the minor children by the respondent (Sobhan Kodali). The respondent (Sobhan Kodali) had purchased to and fro tickets of the appellant (Lahari Sakhamuri) and of minor children as also of his mother in law who was staying together in their matrimonial home, US with return tickets of 24 th April, 2017 but after coming to India on 23 rd March, 2017, because of the alleged death of her maternal grandmother, the appellant (Lahari Sakhamuri) refused to return back and was advised to file a Guardianship Petition before the Family Court, Hyderabad on 12 th April, 2017 and took the ex-parte order concealing the material facts from the Family Court that such a petition is pending in US filed at her instance and there was an order passed on 21 st December, 2016 restraining both the parties not to change residence of the children which would affect the other parties ability to exercise custodial rights.47. It is not in dispute that both the minor children, from the very inception of their birth, till removal from the US on 23 rd March, 2017 were living with their parents in US. This fact was admitted by the appellant (Lahari Sakhamuri) also in the guardianship petition filed before the Family Court, Hyderabad and also in the divorce and custody petition filed by her in US and only after hearing learned counsel for the parties, order was passed by the US Court on 22 nd May, 2017 on the emergency custody petition granting temporary physical custody of the children with further direction to the appellant (Lahari Sakhamuri) to return along with the children to the jurisdiction of US Court on 2 nd June, 2017. In case she was aggrieved by the order dated 22 nd May, 2017 passed by the US Court after affording an opportunity of hearing which she contested through her Attorney, all the courses were available to her to assail the order of the Court. Since the appellant (Lahari Sakhamuri) failed in returning the children to the jurisdiction of the US Court despite order dated 22 nd May, 2017, there was no option left with the respondent (Sobhan Kodali) but to file a Habeas Corpus Petition and pray that the children be repatriated back to US in compliance of the order of the US Court.48. It is true that this Court has to keep in mind the best interest of the child as the paramount consideration. The observations of the US Court clearly show that principle of welfare of the children has been taken into consideration by the US Court in passing of the order as it reiterates that both the parties are necessary for proper upbringing of the children and the ultimate decision of custody and guardianship of the two minor children will be taken by the US which has the exclusive jurisdiction to take the decision as the children happened to be the US citizens and further order been passed on the respondent?s emergency petition with special release in custody on 9 th March, 2018 permitting the respondent (Sobhan Kodali) to apply for US passports on behalf of the minor children without appellant (Lahari Sakhamuri) being mother?s consent. The appellant (Lahari Sakhamuri) cannot disregard the proceedings instituted at her instance before the US Court and she must participate in those proceedings by engaging solicitors of her choice to espouse her cause.49. The crucial factors which have to be kept in mind by the Courts for gauging the welfare of the children equally for the parent?s can be inter alia, delineated, such as (1) maturity and judgment; (2) mental stability; (3) ability to provide access to schools; (4) moral character; (5) ability to provide continuing involvement in the community; (6) financial sufficiency and last but not the least the factors involving relationship with the child, as opposed to characteristics of the parent as an individual.50. While dealing with the younger tender year doctrine, Janusz Korczar a famous Polish-Jewish educator & children?s author observed ?children cannot wait too long and they are not people of tomorrow, but are people of today. They have a right to be taken seriously, and to be treated with tenderness and respect. They should be allowed to grow into whoever they are meant to be -the unknown person inside each of them is our hope for the future.? Child rights may be limited but they should not be ignored or eliminated since children are in fact persons wherein all fundamental rights are guaranteed to them keeping in mind the best interest of the child and the various other factors which play a pivotal role in taking decision to which reference has been made taking note of the parental autonomy which courts do not easily discard.51. The doctrines of comity of courts, intimate connect, orders passed by foreign courts having jurisdiction in the matter regarding custody of the minor child, citizenship of the parents and the child etc., cannot override the consideration of the best interest and the welfare of the child and that the direction to return the child to the foreign jurisdiction must not result in any physical, mental, psychological, or other harm to the child. Taking a holistic consideration of the entire case, we are satisfied that all the criteria such as comity of courts, orders of foreign court having jurisdiction over the matter regarding custody of the children, citizenship of the spouse and the children, intimate connect, and above all, welfare and best interest of the minor children weigh in favour of the respondent (Sobhan Kodali) and that has been looked into by the High Court in the impugned judgment in detail. That needs no interference under Article 136 of the Constitution of India.52. Before we conclude, we would like to observe that it is much required to express our deep concern on the issue. Divorce and custody battles can become quagmire and it is heart wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between the parents. The eventful agreement about custody may often be a reflection of the parents? interests, rather than the child?s. The issue in a child custody dispute is what will become of the child, but ordinarily the child is not a true participant in the process. While the best-interests principle requires that the primary focus be on the interests of the child, the child ordinarily does not define those interests himself or does he have representation in the ordinary sense.53. The child?s psychological balance is deeply affected through the marital disruption and adjustment for changes is affected by the way parents continue positive relationships with their children. To focus on the child rights in case of parental conflict is a proactive step towards looking into this special situation demanding a specific articulation of child rights.54. The judicial resolution of a custody dispute may permanently affect or even end the parties? legal relationship but the social and psychological relationship will usually continue and it seems appropriate that a negotiated resolution between the parents is preferable from the child?s perspective for several reasons. A child?s future relationship with each of his parents may be better maintained and his existing relationship is less damaged by a negotiated settlement than by one imposed by a court after adversarial proceedings.55. In the present case, there is every possibility that the parties may reconcile and start over their relationship afresh, at least for the sake of happiness of their own off-spring if for no other reason. The parties are indeed mature and sensible enough to understand that the ordinary wear and tear of married life has to be put up in within the larger interests of their own happiness and of the healthy, normal growth and development of their offspring, whom destiny has entrusted to their joint parental care. Spouses must come over the temperamental disharmony which usually exists in every marriage, rather than magnifying it with impulsive desires and passions. Parents are not only caretakers, but they are instrumental in the development of their child?s social, emotional, cognitive and physical well-being and work harmoniously to give their children a happy home to which they are justly entitled to. We hope and trust that the parties will forget and forgive their differences and join hands together in providing the congenial atmosphere which may be good not for themselves but also for the development of their minor children.56. In our view, the best interest of the children being of paramount importance will be served if they return to US and enjoy their natural environment with love, care and attention of their parents including grandparents and to resume their school and be with their teachers and peers.