R SRIDHARAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The legality of a matrimonial proceeding initiated by the wife before a family court in India invoking the provisions of the Hindu Marriage Act against her Hindu husband having his domicile in New Jersey in the United States of America is the substantial issue raised in this writ appeal.

(2.) The appeal is directed against the order dated 18 August, 2008 in W.P. No. 34838 of 2004 whereby and whereunder the request of the appellant to issue a writ of prohibition to prohibit the first respondent from proceeding with the trial in O.P. No. 569 of 2004 was rejected.

(3.) The appellant was an Indian Citizen and on his migration to the United States of America, he was granted US Citizenship. The second respondent was residing adjacent to the residence of the appellant at Madras. Their marriage was solemnized on 17 April, 2002. The marriage was conducted in accordance with the Hindu Rites and custom in the Balaji Temple at New Jersey. The parties were living happily as husband and wife. Subsequently, during the second week of January, 2003 the second respondent came to India for a short visit promising to return after completing her dance program. However all of a sudden, she changed her mind and contrary to the promise made, began to act in films with no idea of returning to States. She also filed divorce petition in O.P. No. 569 of 2004 before the Principal Family Court, Chennai on the ground of cruelty.