ADITY RASTOGI Vs. ANUBHAV VERMA

JUDGEMENT

(1.) Heard Sri Dharmendra Vaish, learned counsel for the appellant and perused the record.

(2.) Present appeal has been filed under Sec. 19 of the Family Courts Act, 1984 arising from the order dtd. 11/8/2023 passed by the Additional Principal Judge, Family Court, Moradabad in Matrimonial Case No. 1042 of 2022 (Smt. Adity Rastogi Vs. Anubhav Verma) filed under Sec. 13 of the Hindu Marriage Act, 1955. By that order, the learned court below has dismissed the proceedings instituted by the present appellant as lacking in territorial jurisdiction.

(3.) While there may be some substance in the submissions being advanced by learned counsel for the appellant that the learned court below did not allow the appellant any opportunity to rebut the facts stated in the application dtd. 11/8/2023 filed by the respondent and while there may be substance in the further submissions being advanced by learned counsel for the appellant that at present, no proceedings for divorce are pending between the parties before the competent court in Australia, at the same time, those considerations may not lead us to any conclusion as to error committed by the learned court below in refusing to entertain the divorce proceedings instituted by the present appellant. It is so because for whatever reasons that may exist, it remains undisputed to the appellant that she is residing at Australia. Though she may have briefly visited India and may have instituted the divorce proceedings at that time, considering the undisputed status of her residency in Australia, the provisions of Sec. 19(b)(a) of the Act would not come to her rescue.