SATISH MEHRA Vs. ANITA MEHRA

JUDGEMENT

(1.) This order shall govern the disposal of the two application (R.A. No. 45/98 & C.M. No. 3180/98). both filed by the petitioner. The first application (R.A. No. 45/ 98) has been field by the petitioner under Section 114 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Civil Procedure Code'), seeking recall/review of order dated the 2nd September, 1998, passed on an application which was filed by the learned counsel for the respondent before this Court on 2nd September, 1998 under Section 151 Civil Procedure Code. The second application (C.M. 3180/98) has been filed by the petitioner under Section 151 Civil Procedure Code with the prayer that the documents, referred to therein, be taken on record.

(2.) The facts relevant for the disposal of the above mentioned two applications lie in a narrow compass. The petitioner and the respondent got married as per the Hindu rites at New Delhi on 18th February, 1980. The parties to the marriage, i.e., the petitioner and the respondent, for some time after marriage, resided at Safdarjung, New Delhi and thereafter the petitioner left for the United States of America on 6th March, 1980. The respondent followed the petitioner in May 1980. The petitioner and the respondent resided together at various places in the United States of America till 3st October, 1992. On 31st October, 1992, the respondent wife left the matrimonial home in USA.

(3.) Out of the wedlock three children were born. The first child 'Nikita' was born on 2nd April, 1998. The other two children, by name 'Riva' and 'Neal', are twins, who were born on 10th October, 1989. All the three children were born at New Jersy(U.SA).