In
an affidavit filed in the high court, Karisma submitted
that it "would not be advisable" to place on
record the reason that compelled her to move back to
Mumbai as this was not germane to her husband's petition
seeking to restrain the actress from taking her minor
daughter out of the country.
Sanjay had, in his petition, alleged that Karisma had
got their minor daughter Samaira's name surreptitiously
entered on her passport without his knowledge. He wanted
the court to stop Karisma from taking Samaira out of the
country.
Karisma also challenged the territorial jurisdiction of
the Delhi High Court to hear the petition as the
residence of her minor daughter was in Mumbai and not in
Delhi as maintained by Sanjay in his petition.
Therefore, Karisma said, she was not amenable to the
jurisdiction of the high court.
She alleged that Sanjay had concealed from the court the
fact that he was not an Indian citizen.
"A meaningful reading of his petition would show
that he was seeking to jeopardise the rights of the
minor girl and indirectly trying to restrain her from
travelling along with her minor daughter Samaira
Kapur," Karisma's petition said.
"In
any event of the matter, the petitioner (Sanjay Kapur)
cannot be appointed a guardian of Samaira as his
interest is adverse to that of Samaira," she added.
Urging the court to
dismiss the petition, Karisma said that it was
"nothing but a crude attempt to seek redress of
matrimonial issues of a disgruntled husband by using the
minor girl as a pawn".
On the point of issuing a
passport to Samaira, Karisma submitted that her daughter
had a right to hold and possess a passport, and her
daughter had not suffered any disqualifications to her
right to hold the document.
After she was deserted by
her husband, Karisma said, she was left with no option
but to leave Delhi in January 2005 and reside separately
from him at Mumbai
"The entire thrust of
the petitioner is to settle his personal grudge against
(me) and take the minor daughter permanently away from
(me) and thereby deprive (my) daughter of the care and
custody of the mother," Karisma maintained.
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