In Re Marriage of Bhati and Singh

920 N.E.2d 1147, 397 Ill. App. 3d 53, 336 Ill. Dec. 557, 2009 Ill. App. LEXIS 1248
CourtAppellate Court of Illinois
DecidedDecember 15, 2009
Docket1-08-2388
StatusPublished
Cited by24 cases

This text of 920 N.E.2d 1147 (In Re Marriage of Bhati and Singh) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Bhati and Singh, 920 N.E.2d 1147, 397 Ill. App. 3d 53, 336 Ill. Dec. 557, 2009 Ill. App. LEXIS 1248 (Ill. Ct. App. 2009).

Opinions

JUSTICE KARNEZIS

delivered the opinion of the court:

Petitioner Meeta Bhati appeals from an order of the circuit court in favor of respondent Ajay Singh, denying her petition for removal of the parties’ minor child, Sonia, to North Carolina, pursuant to section 609(a) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609(a) (West 2006)) (Act).

BACKGROUND

The following facts were taken from the testimony at the hearing on the removal petition, which occurred in the summer of 2008, as well as from the record on appeal. The parties, who are both of Indian descent, were married in 1995 in India. Ajay was living in the Chicago area at the time of the marriage and Meeta moved from India to Chicago after the wedding. They purchased a two-bedroom townhome in Schaumburg, in which they resided, and Sonia was born in October 2001. Meeta discontinued working when Sonia was born and became a stay-at-home mother. Ajay worked for United Airlines, as he continues to do to this day, and currently receives a yearly salary of approximately $400,000. In October 2003, Meeta filed for divorce and the parties entered into a joint parenting agreement in May 2004. The' judgment for dissolution of marriage was entered in July 2005. Meeta currently works for RSM McGladrey and earns a yearly salary of approximately $60,000. Meeta and Sonia reside in the townhome and Ajay resides in the nearby suburb of Arlington Heights. Ajay remarried in December 2006. Sonia primarily resides with Meeta, but resides with Ajay every other weekend from Thursday night to Monday morning and every other Wednesday night to Thursday morning. The parties alternate holidays and Ajay has three weeks of vacation time with Sonia during the summer. Sonia attends Schaumburg Christian School and just completed first grade. She attends daycare during the day when she is not at school. The daycare is located only a few minutes from Meeta’s home. During the school year, Meeta takes Sonia to school, which starts at 8 a.m., and is located about 20 to 25 minutes from their home. When school ends at about 2:45 p.m., Sonia takes a school bus to her daycare until Meeta picks her up between 5:30 and 6:30 p.m. During the summer, Meeta brings Sonia to daycare between 8 and 8:30 a.m. and picks her up between 5:30 and 6:30 p.m. When Sonia resides with Ajay, he or his wife brings Sonia to school or daycare or picks her up from school or daycare. The parties’ numerous e-mails in the record, indicate that they often disagree as to when Sonia should be picked up and dropped off, at the times when the exchange does not occur at school or daycare.

Meeta testified at the hearing that when she picks up Sonia from daycare, they come home, make dinner, do homework and then go to bed. She stated that this schedule does not allow Sonia much time for extracurricular activities or playdates with friends, although Sonia is enrolled in a dance class that meets on Tuesday evenings. Meeta noted that Sonia does have several friends at school, but does not have play-dates with them. However, Sonia does sometimes have playdates with her friends from daycare. Meeta stated that Sonia does not have any friends in their neighborhood because it consists mainly of townhomes where there are not any children her age. Meeta also stated that the townhome only has a small patio and a very small yard, which does not have much space for Sonia to play.

Meeta testified that since her divorce, she has felt like a “pariah” or social outcast in the community. She noted that a single mother in Indian culture is ostracized and not given much respect. As a single mother, Meeta receives few social invitations and primarily socializes with other single mothers. Meeta is currently engaged to Dr. Viren Desai, who is also of Indian descent. They met through an Indian social networking website that brings people of Indian descent together for the purpose of marriage. She and Dr. Desai first began communicating with one another in April 2006 and met in person in May and became engaged that October. Dr. Desai is a physician who resides in Fayetteville, North Carolina. He is also divorced and shares custody of his two children who live nearby.

Meeta stated that if the court granted her petition for removal, she would not work and would be a stay-at-home mother to Sonia. Meeta and Sonia travel about once a month to visit Dr. Desai in North Carolina and Sonia has become very close to his daughter, Bianca, who is about two years older than her. Dr. Desai travels to Schaumburg to visit Meeta and Sonia about once a month as well. The plane ride from Chicago to Raleigh-Durham, North Carolina, is about 1 hour and 45 minutes long, and then the drive to Fayetteville is about 1 hour long. Meeta described Dr. Desai’s home as a large, four-bedroom, four-bathroom home with a big backyard, swimming pool and swing sets, located in a gated community of single-family homes. Sonia would attend Fayetteville Academy, a private school close to Dr. Desai’s home, and where his two children also attend. The school includes grades from kindergarten to twelfth grade and offers many after school programs and sporting activities. Dr. Desai’s office is also located close to his home. He is a member of the country club in Fayetteville, which has a golf course, tennis courts, swimming pool and dining facility. Dr. Desai has a large family, which gets together frequently to celebrate various holidays and birthdays. Meeta and Sonia have been welcomed into his family. Dr. Desai is also a member of various Indian organizations in Fayetteville and Raleigh-Durham that often host social gatherings.

Meeta testified that if she and Sonia were permitted to move to North Carolina, they would be able to spend more time together because Sonia would not need to be in daycare and Sonia would have more time for extracurricular activities and more of an opportunity to play with children from her school and the neighborhood. Meeta also stated that Sonia will be able to observe Meeta in her new role as a married woman, which Meeta thinks is important for Sonia. Meeta stated that Sonia and Bianca already consider each other stepsisters and love one another.

Meeta further stated that to minimize the disruption of moving, she would ensure that Sonia was available to visit with Ajay either in Chicago or in North Carolina as much as possible. Meeta has a cellular telephone and a web camera that Ajay and Sonia can use to communicate. Meeta stated that she would keep Ajay informed about Sonia’s school and her extracurricular activities. She also proposed that Sonia could visit Ajay during her spring break and half her summer vacation, and they could alternate holidays as they currently do. Meeta denied threatening Ajay in any way if he did not agree to the move to North Carolina.

On cross-examination, Meeta admitted that she enrolled Sonia in Schaumburg Christian School for first grade without first informing Ajay because she and Ajay could not agree which school Sonia should attend. She further admitted that she enrolled Sonia in Fayetteville Academy without first discussing it with Ajay only so that the school could hold a spot open for Soma in case the court granted the removal petition.

Ajay testified at the hearing that he is employed at United Airlines and is vice president of corporate real estate. As a benefit of his employment, he and his family members, including Sonia, travel free on United Airlines.

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Bluebook (online)
920 N.E.2d 1147, 397 Ill. App. 3d 53, 336 Ill. Dec. 557, 2009 Ill. App. LEXIS 1248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-bhati-and-singh-illappct-2009.