RAVINDER SINGH MAHINDRA Vs. PARAM SINGH AND ORS.

JUDGEMENT

(1.) THE present suit has been filed by the plaintiff for declaration, permanent injunction, rendition of accounts and specific enforcement of an agreement with the following prayer:

(2.) THE brief facts of the case are that the plaintiff and defendant No. 1 were married at New Delhi on 2nd May, 1993, after which they moved back to the USA on 4th May, 1993 and resided there till 2004. They had two children while they were in the USA. When the parties relocated to India, the plaintiff moved to Bangalore in pursuit of his contractual job obligation. The plaintiff then moved to Gurgaon on account of bad health. As per the plaintiff, the defendant No. 1 during this entire time had been harassing the plaintiff by taking away the documents of the joint properties etc. and by repeatedly asking for a divorce. On 29th May, 2008 the plaintiff filed a divorce petition in Gurgaon which was dismissed on account of lack of jurisdiction and which has been challenged in the Hon'ble High Court of Punjab and Haryana at Chandigarh.

(3.) THE suit along with the application for interim injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC for brevity) being I.A. No. 8650/2009 was listed before this court on 16th July, 2009. In the application for interim stay, the plaintiff had prayed for an order restraining the defendant by way of an ex parte ad interim injunction from filing any legal proceedings against the plaintiff in California, USA and from prosecuting any proceedings already filed. On that date, this court passed an order restraining defendant No. 1 from initiating any fresh legal proceedings against the plaintiff in California, USA with respect to the matrimonial discord between the plaintiff and defendant No. 1.