ANAND RAWAT Vs. LALIT SINGH NEGI

JUDGEMENT

(1.) The present appeal has been filed by the appellant, brother of Smt. Bharti Negi, who happens to be the wife of the respondent praying inter alia for setting aside an order dated 12.09.2017, passed by the learned Principal Judge, Family Court, dismissing an application filed by him under Section 114 read with section 151 CPC, for recall of the order dated 23.05.2017.

(2.) Mr. Nandwani, learned counsel for the appellant states that the appellant is the brother of Smt. Bharti Negi. The respondent herein, who is the appellant's brother-in-law, has filed a petition for seeking dissolution of marriage against his wife. The marriage of the aforesaid parties was solemnised at Mehrauli, Delhi on 23.11.2007, whereafter the respondent had proceeded alone to the United Kingdom on 07.07.2008 to work as a Chef. The appellant's sister had remained at her matrimonial home in Delhi. On 31.10.2008, an offspring was born in Delhi. On 26.01.2011, the appellant's sister had left alongwith the girl child to the United Kingdom to join her husband, the respondent herein.

(3.) It is the version of the appellant that his sister had visited India on 21.03.2012 and thereafter she had gone back to the United Kingdom on 30.04.2012, after a patch-up had taken place between her and the respondent and ever since then, she has been residing in the United Kingdom. In July, 2013, the respondent had returned to India alone, while leaving behind his wife and child in the United Kingdom.