PRITI SINGH Vs. BIRENDRA NARAIN SINGH

JUDGEMENT

(1.) Heard Sri Saksham Agarwal, learned counsel for the petitioner and Sri Saurabh Misra, learned counsel for the opposite party.

(2.) By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dtd. 6/9/2023 passed by the learned Additional Principal Judge-IV, Family Court, Lucknow in Case No.440 of 2019 under Sec. 13 of the Hindu Marriage Act. The petitioner has further prayed for issuance of a direction to the Family Court to record her evidence through video conferencing or through her power of attorney holder.

(3.) Briefly stated, facts stated in the petition are that marriage of the parties was solemnized on 11/2/2008 at New Delhi. Out of the wedlock between the parties, a daughter was born on 15/2/2011 at Belfest, Northern Ireland and a son was born on 14/2/2013 in Scotland. The petitioner is a British citizen and she is domicile of United Kingdom. The respondent also had the intention to settle in the United Kingdom but he could not qualify the entrance examination required for medical practitioners to obtain employment in United Kingdom and consequently, he returned to India. The petitioner is residing in Scotland along with both her minor children and she is currently employed in N.H.S. Grampian, as a Consultant Psychiatrist at Westholme Woodend Hospital, Scotland.