KIRAN KUMAR CHAVA Vs. USHA KIRAN ANNE

JUDGEMENT

(1.) The Civil Revision Petitions in CRP Nos.3586 and 4156 of 2022 have been filed under Article 227 of the Constitution of India, to strike off the petition in OP No.2788 of 2022 pending on the file of the II Additional Family Court, Chennai, and to strike off the complaint made in DVC No.116 of 2022 pending on the file of the Additional Mahila Court, Egmore, Chennai. FACTUAL BACKGROUND:

(2.) The marriage between the revision petitioner and the respondent was solemnised on 21/4/1999 at Vijay Shree Mahal, Anna Nagar, Chennai - 40, as per Hindu Rites and Customs in the presence of their relatives and friends. They started their matrimonial life initially in India happily and they have shifted to Virginia, United States of America (USA). The revision petitioner and the respondent were working in United States of America (USA) and twin boys namely Tarun Chava and Tanush Chava were born on 16/4/2008 from and out of wedlock between the revision petitioner and the respondent. The twin children are now aged about 15 years. Both the revision petitioner and the respondent gets citizenship at United States of America (USA) by naturalisation. On 27/12/2020, the respondent came to India with the two children with return tickets dtd. 24/4/2021, which was further extended to August 2021. However, the respondent and her twin children have not returned back to United States and continued to reside at Chennai, India. During May 2021, the twin children were admitted in George Washington Online School and they were pursuing their school education.

(3.) The revision petitioner had sent a legal notice on 23/9/2021 to the respondent and the respondent through her Attorney had sent a reply notice. The revision petitioner moved a complaint for Divorce and Custody of Children before the Circuit Court of Fairfax County on 13/10/2021. The respondent filed OP No.719 of 2021 before the High Court of Madras on 25/10/2021 for Guardianship and Custody of the Children. The respondent filed OP No.2788 of 2022 under Sec. 9 of the Hindu Marriage Act, 1955 for the relief of Restitution of Conjugal Rights before the Family Court at Chennai on the ground that the marriage between the revision petitioner and the respondent was solemnised as per the Hindu Rites and Customs at Chennai and it was registered under the Hindu Marriage Act, 1955. The respondent initially participated in the proceedings in the United States Court virtually. The respondent / wife field answers to the complaint for divorce through her Attorney. However, the respondent had not subsequently attended the United States Court proceedings and finally the United States Court passed an exparte decree of Divorce and Custody of Children.