who are not Indian Citizens as mentioned in paragraph 2(B). Further, Sections 7 and 12 of the Guardians and Wards Act are applicable to the respondent/mother. The respondent being the mother of the minor children, is entitled to be the guardian of the children, considering the welfare of the children and she never removed the children from the custody of the applicant in U.S.A and brought to India. Reasons stated in the affidavit of the applicant are not correct and therefore the Application has to be dismissed and the Original Petition may be disposed of on merits. Since on the date of filing of the petition, minors were in India, they are ordinary residents within the jurisdiction of this Court. Hence, the Original Petition is very much maintainable. Children need the company of their grand parents. The children and the the parents of the respondent share a close bond. They were the first who saw the children when they were born, as they had come to U.S.A. The children are also very much fond of them. Her father participated in their lives daily by accompanying them when they ride their bikes and helping them with their language, reading and writing skills. The children are happy and comfortable in India. It is easier for them to forget the unpleasant past and lead a normal life. Children have neighborhood to play cricket or shuttle or badminton with them. It would be cruel to remove them from this life and they have lived isolated life in U.S.A, devoid of friends, family and community.
