DAMINI MANCHANDA Vs. AVINASH BHAMBHANI

JUDGEMENT

(1.) This appeal has been filed by the appellant / wife challenging the order dated December 1, 2023, passed by the Family Court-01, Saket, Delhi ('Family Court', hereinafter) whereby the Family Court has dismissed the application filed by the appellant under Order XXXIX Rule 1 and 2 CPC along with application under Order XXXIX Rule 2A CPC and allowed the application under Order XXXIX Rule 4 filed by the respondent herein.

(2.) As noted from the record, the parties married each other on December 21, 2002. Two children were born out of their wedlock. Both the parties left for Canada along with their children on April 23, 2018 and started residing there. It is noted that both the parties along with children came to India in March, 2020. In July, 2020 the plaintiff / wife left for Canada.

(3.) It is the case of the appellant that she had sent a legal notice on January 12, 2021 to the respondent which was duly replied by the respondent on February 10, 2021. Because of the matrimonial discord between the parties, the appellant filed a divorce petition against the respondent before the Family Court, Saket, Delhi on December 16, 2020 through an authorized representative.