DELNA KHAMBATTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has filed this petition seeking a writ of habeas corpus for a direction to her husband, Respondent No. 3, to produce their daughters before this Court, with a further direction to hand over custody of the daughters to her. The Petitioner claims that the Respondent No. 3 illegally took away the daughters from shared custody as granted by a competent court in the United States of America, thereby rendering their custody with Respondent No.3 as illegal and in defance of the order of the competent Court. The Respondent No.3 has opposed such claims. Both sides rely upon various judgments of the Supreme Court of India in support of their respective stands.

(2.) The facts leading to fling of the present Writ Petition are that on 04.12.2001, the Petitioner and Respondent No.3 got married at Ahmedabad in Gujarat, as per Parsi Zoroastrian rights and customs. They have two daughters who are now 17 years and 15 years age respectively. All four were living in the United States of America (USA) when on 09.08.2017, the Petitioner filed a suit for divorce before the Superior Court at Vermont, USA, along with interim applications. On being served with summons, the Respondent No.3 filed a motion before the said Court at Vermont, USA, for dismissal on the ground of jurisdiction, claiming that the parties were governed by the provisions of the Parsi Marriage and Divorce Act, 1936 (hereinafter referred to as the Act of 1936), as per the provisions of which Courts of India were competent to exercise jurisdiction.

(3.) On 18.10.2017, Respondent No.3 filed divorce petition against the Petitioner, bearing Parsi Matrimonial Suit No. 2 of 2017 before the District Court at Surat. This was under the aforesaid Act of 1936. On 17.02.2018, the Respondent No.3 filed an application seeking an anti-suit injunction against the Petitioner to restrain her from proceeding in the matter before the Court at Vermont, USA. On 13.03.2018, the Court at Vermont USA dismissed the aforesaid motion filed by Respondent No.3 challenging jurisdiction of the Court at Vermont. On 07.04.2018, the Petitioner filed an application before the District Court at Surat challenging jurisdiction of the said Court to adjudicate matrimonial disputes between the parties. On 17.04.2018, the District Court at Surat passed an order allowing the aforesaid application of Respondent No.3, thereby granting anti-suit injunction against the Petitioner from pursuing proceedings filed before the Court at Vermont and from fling or pursuing any application or proceeding before the said Court. The Petitioner was also directed to place a copy of the said order before the Court at Vermont. The District Court at Surat dismissed the application filed by the Petitioner challenging its jurisdiction.