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COMMONWEALTH EX REL. PARIKH v. PARIKH (06/22/71)

decided: June 22, 1971.

COMMONWEALTH EX REL. PARIKH, APPELLANT,
v.
PARIKH



Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. 1589 of 1970, in case of Commonwealth ex rel. Nayana Sanat Parikh v. Sanat Kantilal Parikh.

COUNSEL

Charles R. Taylor, Jr., with him John P. McComb, Jr., and Moorhead & Knox, for appellant.

George W. Shields, with him Shields & Washington, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J. Wright, P. J., Watkins and Jacobs, JJ., would affirm on the opinion of the court below.

Author: Hoffman

[ 219 Pa. Super. Page 241]

Nayana Sanat Parikh, appellant, filed a petition for a writ of habeas corpus seeking custody of her two-year old son. Appellant and her husband, appellee, are both citizens of India, who have been granted visas to remain in the United States. They were married on

[ 219 Pa. Super. Page 242]

March 13, 1967 in Ahmedabad, India and in June of that year left for the United States and took up residence in Pittsburgh. Their son, Rajeev, was born in Pittsburgh.

In August of 1969 appellee returned to India to visit his parents, after learning that his father was ill. Approximately a month later, his wife and son followed him to Ahmedabad. After the family was reunited, the marriage relationship began to deteriorate. As a result of disputes between the parties, appellant returned to stay with her parents.

In order to resume his employment in the United States, appellee returned to Pittsburgh with the child, while appellant continued to reside with her parents in Ahmedabad. Though the parties corresponded, no reconciliation could be effectuated; appellant eventually returned to this Country and brought the instant action for a writ of habeas corpus.

Hearings were held and the trial judge awarded custody of the minor child to the husband-appellee. The court found that "[t]he father has been steadily employed in the United States and earns sufficient income to support his family. . . . In the event that custody of Rejeev is awarded to his mother, she will return to India to live with her parents. The maternal grandparents are wealthy by Indian standards and enjoy a high standing in the community. . . . A counselor of this court visited the apartment where Rejeev presently resides with his father. The boy lives in a five-room, air-conditioned apartment which is adequate for the entire family. . . . While [appellee] is at work, Rajeev is cared for by a woman who has three school-age children of her own and who resides at the same apartment building. . . . The father cares for the child in the evenings and on weekends; the father prepares his meals and does not go out without his son either on

[ 219 Pa. Super. Page 243]

    weekends or in the evenings; the father does the laundry for himself and his son. . . . The mother has displayed some indifference and lack of affection to her son. . . . The father demonstrated his deep affection for his son; devotes all the time which he has available to his son; and performs the most menial tasks required for the care and maintenance of ...


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