SAVITHA B.P. Vs. SUDHIR JAGADEESHAN

JUDGEMENT

(1.) Registry has raised objection no.3 regarding maintainability of the present appeal filed under Order XLIII Rule 1, C.P.C. The objection raised is as follows: 'Provision of law for M.F.A. to be stated correctly'

(2.) Appellant is the plaintiff in O.S.14/15 pending on the file of VI Additional Family Court Judge, Bengaluru. The respondent is the sole defendant in the said suit and he is the legally wedded husband of the appellant. They have a female child named Khushi aged 3 years 6 months. The plaintiff-appellant has filed a suit for the relief of declaration to the effect that the judgment and decree dated 30.3.2012 passed by the Circuit Court for Fair Fax County, U.S.A. in case law No.2011-506 is null and void and not binding on the plaintiff and the consequential relief of permanent injunction to restrain the defendant-respondent from taking the minor child, Khushi out of the jurisdiction of Bengaluru and India.

(3.) During the pendency of the suit, an interlocutory application under Order XXXIX Rules 1 and 2, C.P.C. came to be filed seeking temporary injunction against the defendant from removing the custody of the minor daughter, Khushi, out of Bengaluru and India. The application has been dismissed after contest vide order dated 7.2.2015.