LAWS(DLH)-2023-7-32

SURESH SACHDEV Vs. GOVT OF NCT OF DELHI

Decided On July 10, 2023
Suresh Sachdev Appellant
V/S
GOVT OF NCT OF DELHI Respondents

JUDGEMENT

(1.) Present appeal has been filed by the appellant seeking setting aside of order dtd. 5/12/2022 passed by the learned Family Court, Rohini Court Complex, New Delhi to the extent whereby ex-parte stay of the proceedings in case No.2022-516100-DM before 6th Circuit Court of Oakland Connty, Family Division, State of Michigan, United State of America has been granted against the appellant herein.

(2.) The facts as noted in order dtd. 14/11/2022 by the learned Trial Court are that the marriage between the parties was consummated as per Hindu rites on 8/2/2012 and a male child namely Master Rajveer was born on 7/2/2017. The parties thereafter started living together in USA, however, due to strained relations, they started living separately since 6/3/2022 when the respondent/wife came back to India along with minor son. The wife resorted to proceedings under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 wherein the court below vide order dtd. 5/12/2022 held as under:

(3.) Against the aforesaid order dtd. 5/12/2022, the appellant has approached this Court for the relief noted hereinabove.