KARAN GOEL Vs. KANIKA GOEL

JUDGEMENT

(1.) The appellant/husband who is the respondent in H.M.A. 617/2018, filed by the respondent/wife, has sought to challenge the order dated 14.08.2020, passed by the learned Principal Judge, Family Courts, Patiala House Courts, New Delhi, dismissing an application filed by him under Order VII Rule 11(a) and (d) read with Order XIV Rule 2(2) of the Code of Civil Procedure (for short "CPC"), praying inter alia for the dismissal of the divorce petition for want of cause of action and on the ground that the same is barred by law.

(2.) A quick glance at the facts of the case, relevant for deciding the present appeal is necessary. The appellant and the respondent had got married at New Delhi on 31.10.2010, as per the Sikh rites and Hindu Vedic rites and ceremonies. The appellant/husband is a US citizen, having moved to that country with his parents in the year 1994. After their marriage, the respondent/wife moved to USA, where a civil ceremony of marriage was conducted before a Judge at Illinois, USA on 19.3.2011. The respondent/wife applied for a permanent resident status in the year 2011. The parties were blessed with a baby girl on 15.12.2014. On 07.12.2016 the respondent/wife had also applied to the U.S. authorities for obtaining US citizenship.

(3.) The appellant/husband and the respondent/wife came to India with their child on 25.12.2016 and according to the appellant/husband, they had pre-booked the return tickets for 07.01.2017. While in India, on 04.1.2017, the respondent/wife filed a petition for divorce under Section 13(1) (i-a) of the Hindu Marriage Act (for short 'the Act'). The appellant/husband returned alone to USA on 07.01.2017 and filed a divorce petition in Chicago, USA. He was granted an ex parte divorce on the ground of irretrievable breakdown of marriage. The appellant/husband also approached the Circuit Court of Cook County, Illinois, USA for the custody of the child which was granted to him vide ex parte order dated 13.01.2017.