ABHISHEK SAXENA Vs. ANUKRITI SRIVASTAVA

JUDGEMENT

(1.) This judgment shall decide the present petition filed by the petitioner invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India seeking the following prayers:

(2.) Shorn of unnecessary details, the respondent, who was married to the petitioner as per the Hindu rites and ceremonies on 22/1/2013 at Agra, Uttar Pradesh, has filed a civil suit for declaration to set aside the ex-parte decree of divorce in case No.18 DR1 00137 1B dtd. 28/6/2018 passed by the First Judicial District Court of the State of Nevada in and for Carson City (USA).

(3.) The respondent filed the suit before the learned Principal Judge, Family Court, Patiala House Court Complex, New Delhi1 , claiming that she is a resident of H.No.C-8/7, Vasant Vihar, New Delhi. The main grievance of the petitioner/husband is that the respondent/exwife is a permanent resident of Bangalore and she has been even gainfully employed in Bangalore, and yet the suit has been filed before the Family Court at Patiala House Court, New Delhi, which lacks territorial jurisdiction.