PRITAM ASHOK SADAPHULE Vs. HIMA CHUGH

JUDGEMENT

(1.) BY this revision petition challenge has been made to order dated 22nd September, 2011 passed by the ld.Addl. District Judge-1, New Delhi District, Patiala House Courts, New Delhi in HMA No.15/ 2011 whereby the application of the petitioner/husband under section 13 of the CPC has been dismissed.

(2.) BRIEFLY the facts relevant for the disposal of the present petition are as under:- The parties met each other in England in the year 2004 and developed liking for each other. On 5th March, 2005, both got married at New Delhi. After about one week of marriage, they went back to England on 12th March, 2005. With the passage of time, disputes and differences arose between them as a result of which they could not live together. In September, 2009, respondent/wife had lodged a complaint of domestic violence, cruelty and assault against the petitioner/husband in Ilford Police Station, England. It is alleged that respondent/wife also invoked the jurisdiction of UK Family Court (Brentford County Court) for Non-Molestation and Occupation order in September, 2009. Thereafter, she had come back to India in December, 2009. In March, 2010, respondent/wife lodged FIR against the petitioner/husband, his parents and family members being FIR No.46/2010 under Section 498-A/34 IPC, P.S. Tilak Nagar, Mumbai. Petitioner/husband has filed a petition for quashing of aforesaid FIR which is pending disposal before the Bombay High Court.

(3.) ON 21st December, 2010, respondent/wife had filed a suit being Civil Suit (OS) No.2610/2010 before this Court praying for a grant of decree of permanent injunction against the petitioner for continuing with the divorce petition before the Court in UK. During the pendency of aforesaid divorce petition, respondent had filed a complaint before learned MM, Dwarka, New Delhi under The Protection of Women from Domestic Violence Act, 2005. The same was dismissed on 24th December, 2010 by the concerned ld. MM, as not maintainable. Respondent filed an appeal against the said order which was dismissed vide order dated 28.3.2011.