SURAJ SETH Vs. RUCHIKA ABBI

JUDGEMENT

(1.) IA No.19884/2014 (O.VII Rule 11 CPC) in CS(OS) 2902/2014

(2.) According to the Plaintiff, after the marriage, the parties stayed at Virginia, USA. They were blessed with a baby girl on 24.12.2007. Certain averments have been made about the ill habits of the Defendant in para 4 and other paragraphs of the plaint which are not very relevant for disposal of the instant application moved by the Defendant for rejection of the plaint. The sum and substance of the averments made is that the Defendant had initiated proceedings in Virginia, USA which according to the Plaintiff are malicious, oppressive, vexatious, false and frivolous. It is averred that invocation of the judicial process in USA is the abuse of process of law and against settled principles of law, treaties, conventions and judicial procedure. The Plaintiff states that inspite of the best efforts of the Plaintiff to save the marriage for the welfare and interest of the child Roshni Seth born in the year 2007 and making various concessions, the same proved of no avail.

(3.) It is case of the Plaintiff that elders including the parents of both the parties and family friends intervened to bring to an end to the ongoing and unending marital discord between the parties. The parties therefore, came to India in April, 2013 and a settlement/agreement was entered into between the parties on 19.04.2013 and reduced to writing.