SUMIT SAPRA Vs. AKANSHA AHUJA SAPRA

JUDGEMENT

(1.) The challenge in this appeal is to an order dated November 20, 2023 passed by learned Judge, Family Court, North District, Rohini, Delhi, whereby the application preferred on behalf of the appellant under Order XXXIX Rule 1 and 2 C.P.C. read with Sec. 151 C.P.C. was dismissed and ad-interim injunction granted vide order dated October 26, 2023 was vacated.

(2.) In brief, as per the case of the appellant, marriage between the appellant and the respondent was solemnized according to Hindu rites and ceremonies on October 17, 2018 in Delhi. The parties moved to USA after few days of marriage on December 16, 2018. A child was born out of the wedlock on September 27, 2021 and is currently living in USA in joint custody of the parties.

(3.) It is further the case of the appellant that on October 17, 2022, the parties reached Delhi from USA, but the respondent did not permit the family of the appellant to meet the new born child. Thereafter, they returned to USA in January 2023. Further, as on April 02, 2023, the parties were living in the same house but without co-habitation.