JUDGEMENT
Rekha Mittal, J. -
(1.)The present petition directs challenge against order dated 18.10.2016 (Annexure P2) passed by the District Judge, Gurgaon (Family Court) whereby ad interim injunction granted vide order dated 26.09.2016 (Annexure P6) has been vacated.
(2.)A brief backdrop of the case is that there is marital discord between Sh. Dinesh S. Thakur and Smt. Sonal Thakur who were married on 20.02.1995 at Hyderabad and two children were born out of the wedlock on 17.09.2001 and 17.02.2006, respectively. The parties to the lis and their children were residing in USA. The petitioner is still working and residing in USA but the respondent wife along with the children (minor) has been residing in Gurgaon for the past few years.
(3.)The petitioner filed a petition under Sections 13 and 26 of the Hindu Marriage Act, 1955 on 21.07.2016 and the same is pending in the Family Court at Gurgaon. The respondent was served in the case and a memo of appearance on her behalf by an Advocate was filed in the Court on 16.09.2016. In the meantime, the respondent wife filed a petition dated 02.09.2016 (Petition No.2016-008918-FD, USA in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas Country, Florida, USA) and a notice of the said petition was received by the petitioner on 09.09.2016. The respondent wife has initiated proceedings for divorce on the ground of irretrievable breakdown of marriage and other reliefs before the Court at Florida. Thereafter, the instant civil suit No.15/2016 under Section 7(d) of the Family Courts Act for injunction and declaration was filed before the Family Court, Gurgaon inter alia to restrain the respondent from pursuing the petition for divorce before the Court in USA. An ex parte ad interim injunction was granted by the Court vide order dated 26.09.2016.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.