JYOTI LAKHTAKIA Vs. VINEET MEHRA

JUDGEMENT

(1.) The present appeal under Section 19 of the Family Courts Act, 1984 has been preferred by the appellant Ms. Jyoti Lakhtakia (hereinafter referred to as Jyoti) - who is the wife of the respondent Mr. Vineet Mehra (hereinafter referred to as Vineet) to assail the order dated 12.02.2021 passed by the Principal Judge, Family Courts, New Delhi District, Patiala House Courts, New Delhi on an application under Order XXXIX Rules 1 & 2 CPC read with Section 7 of the Family Courts Act (in C.S. No.14/2018) preferred by the respondent Vineet. By the impugned order the Family Court has restrained the appellant Jyoti from proceeding or prosecuting the issue of declaration in respect of transfer of Universal Wealth Asset Limited - a company incorporated in The British Virgin Islands; governed by the laws of United Kingdom, and; having its banking operations in Singapore (for short "UWA?), before the Superior Court of Justice, Ontario, Canada (hereinafter referred to as the Ontario Court), or any other Court. The appellant Jyoti has, however, been granted liberty to pursue her claim for maintenance and custody of the child without specifically claiming the aforesaid declaration.

(2.) The submission of Mr. Banerjee, learned counsel for the appellant is that the anti-suit injunction granted by the Family Court as aforesaid by the impugned order is completely without jurisdiction; wholly unjustified in the facts and circumstances of the case, and; in breach of the well established principles of law laid down by the Supreme Court for grant of an anti-suit injunction. To appreciate the submissions of the parties, we may notice some of the relevant facts before considering their submissions.

(3.) The parties were married according to Hindu rites and ceremonies on 07.11.2008 at Delhi. On 28.11.2013, they were blessed with a daughter. On 14.11.2014, they separated. On 03.08.2015 Vineet filed a divorce petition under Section 13 of the Hindu Marriage Act at Delhi. On the other hand, Jyoti commenced proceedings against Vineet for child custody and child & spousal support in the Ontario Court on 28.08.2015.