Bollywood star Karisma Kapoor submitted before the Delhi High Court that her husband Sanjay Kapur had "constructively deserted" her and that he was aware of the reason for her leaving Delhi and residing at Mumbai.

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.