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i. Since the plaintiff did not return to USA with the child as per the final order passed by the said Court and as per the return journey ticket with which she arrived in India, the defendant filed a petition for the issue of a Writ of Habeas Corpus on the file of the same Court on 16.12.2010.
j. The summons on the Writ of Habeas Corpus in Civil Action File No.10-1-12222-48 were served on the plaintiff herein on 8.1.2011 in India, by a Special Process Server appointed by the Superior Court of Cobb County. Despite service of summons in the Habeas Corpus, the plaintiff herein did not take any steps. Therefore, by an order dated 15.2.2011, the Superior Court of Cobb County, State of Georgia issued a Writ of Habeas Corpus to attach the body of the child and to deliver the child to the defendantfather;
k. Simultaneously with the habeas corpus petition, the defendant also filed a contempt petition on 10.12.2010 in Civil Action File No.10.1.12096.48. The Superior Court of Cobb County issued summons to the plaintiff herein in that contempt petition. The summons, the motion for contempt and the other relevant papers, were all served in India, on the plaintiff herein by a Special Process Server appointed by the Court of Cobb County, on 8.1.2011.
l. After receiving the summons both in the Writ of Habeas Corpus and the Contempt Petition, on 8.1.2011, the plaintiff filed the above suit. The papers were presented originally on 28.1.2011 along with an application for leave to sue under Clause 12 of the Letters Patent. On 1.2.2011, leave was granted in A.No.561 of 2011. Thereafter, the suit got numbered as above and an interim order of injunction was granted by me in OA.NO.191 of 2011 on 28.2.2011;