PADMINI HINDUPUR Vs. ABHIJIT S BELLUR

JUDGEMENT

(1.) I.A. No.18648/2014 (under Order XXXIX Rules 1 & 2 of the CPC)

(2.) The case as set up by the plaintiff is that the parties had got married on 26.02.2012 at Bangalore according to Hindu rites. Both parties come from a backgrounds of status. Two days after the marriage, the defendant went back to the United State where he was working. The plaintiff stayed with her in-laws. She joined her husband in USA on 26.09.2012. This was after residing with her in-laws for six months. The plaintiff stayed in USA with her husband up to 04.03.2013 when she came back to India on a return ticket which was valid up to 26.04.2013.

(3.) On her return to Delhi, the plaintiff filed a petition under Section 9 of the Hindu Marriage Act,1955 seeking restitution of her conjugal rights. This was suit No.840/2013 and is pending before the concerned Family Court. Since the defendant husband was not responding to her e-mails and communication inspite of her best efforts and for no reason whatsoever, she was also forced to file a complaint on 10.9.2013 under the Domestic Violence Act, 2005 which is complaint No. 168/2013. Proceedings before the National Human Rights Commission, Crime Against Women Cell (CAW) as also a complaint before the police were also filed. Criminal Writ Petition No.132/2014 was also filed by the plaintiff seeking registration of an FIR against her delinquent husband. Efforts for reconciliation were made by the courts and they were also determined to mediate through the medium of SKYPE but all such initiations failed. This was reported to the Court on 26.7.2014