LAWS(BOM)-2023-3-317

ZARIR PESI BHARUCHA Vs. NILOUFER SOLI LAM

Decided On March 13, 2023
Zarir Pesi Bharucha Appellant
V/S
Niloufer Soli Lam Respondents

JUDGEMENT

(1.) The applicant/defendant has preferred this application to reject the plaint under the provisions of Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 (the Code), as being barred by law, and, in the alternative, to transfer the captioned suit to the appropriate Family Court for trial along with a Petition filed by the plaintiff/ respondent for dissolution of the marriage.

(2.) The background facts necessary for determination of this application can be stated in brief as under:-

(3.) On 7/9/2022, according to the plaintiff, he received an intimation that the account maintained with 'Charles Schwab and Co.' (Schwab account), to which the plaintiff had made the defendant a joint account holder, was debited at the defendant's instance to the tune of US$ 4 million. Assets totaling US$ 4 million had been transferred by the defendant to her own Schwab account.