SHEENAM RAHEJA Vs. AMIT WADHWA

JUDGEMENT

(1.) The plaintiff has filed the present suit seeking a decree of declaration in favour of the plaintiff and against the defendant, declaring that the proceedings initiated by the defendant for the dissolution of marriage between the parties on the ground of irreconcilable differences, arising out of File No. 1-09-FL-149089, pending before the Superior Court of California, County of Santa Clara, San Jose, USA are illegal, invalid and void ab-initio.

(2.) During the pendency of the present suit, however, a decree of dissolution was passed by the Superior Court of California, County of Santa Clara, San Jose, USA in favour of the defendant/Husband and thereupon the plaintiff amended her plaint to seek appropriate orders declaring the order of dissolution of marriage dated January 14, 2011 and January 18, 2011 passed by the Superior Court of California as null and void and non-est in the eyes of law.

(3.) The plaintiff and defendant were married on 15th April, 2000 according to Hindu rites and ceremonies at New Delhi. The marriage was duly registered under the Hindu Marriage Act, 1955 on 24th April, 2000. From the wedlock two female children were born on 17th August, 2001 and 2nd July, 2004, aged 9 years and 6 years respectively. Both the children are presently in the custody of the defendant, who, as detailed in the plaint, has taken them away clandestinely. Shorn of details, the marriage of the plaintiff ran into troubled waters on account of cruelty inflicted upon her by the defendant, his mother, sister and other relatives. The mother and sister of the defendant publicly humiliated the plaintiff for dowry, whenever she visited India, even though for short spells. On account of said cruelty and harassment, the plaintiff had become unwell, and on 7th July, 2008, when the plaintiff came to India along with her two children she had to be hospitalized at New Delhi. During this period the mother-in- law of the plaintiff, without the knowledge and consent of plaintiff, preponed the already confirmed tickets of the two children for 17th August, 2008 and took them away with her to USA on 5th August, 2008. The aforesaid act of the plaintiff's mother-in-law naturally caused apprehension in the mind of the plaintiff about her safety and security in USA, as it became clear to her that the defendant had no intention to call her to USA. The mother-in-law of the plaintiff with malafide intentions locked the matrimonial home i. e H-87, Kirti Nagar, New Delhi and all the belongings of the plaintiff therein. Since the parents of the plaintiff had limited financial resources, the plaintiff in order to withdraw money from her savings bank account visited the State Bank of Patiala, Branch Pusa Road, New Delhi and was flabbergasted to discover that her savings had already been withdrawn fraudulently by the defendant and his relatives by forging her signatures. On coming to know that her bank account had been cleaned out in this manner, the plaintiff informed the law enforcing agencies and got registered FIR bearing No. 164/2009 under Sections 420/467/468/471/120-B IPC with the Economic Offences Wing, Crime Branch (Delhi Police), where the matter is still pending for investigation. To be noted at this juncture that the plaintiff had also lodged a complaint in USA against the defendant for domestic violence committed in the USA.