RAVINDRA HARSHAD PARMAR Vs. DIMPLE RAVINDRA PARMAR

JUDGEMENT

(1.) By the present appeal, the appellant challenges the order dated 14th June, 2013 passed by the Family Court Pune in a petition filed by the Respondent-wife seeking divorce under the provisions of Section 13(1)(ia), 25 & 26 of the Hindu Marriage Act, 1955 (the Act). The impugned order is passed on an application challenging the territorial jurisdiction of the Family Court, Pune to try the petition seeking divorce filed by the Respondent under section 13(1)(ia), 25 & 26 of the Act. While the main petition is filed by the Respondent-wife on 5th November, 2012, the present application is taken out on 22nd March, 2013 seeking framing of a preliminary issue of jurisdiction of the Family Court and dismissal of the petition for want of proper jurisdiction and in the alternative for return of the petition for filing before the appropriate Court in New Jersey, USA.

(2.) The facts in brief leading to the present application are:-

(3.) The Respondent started her web and multimedia design business sometime in 2005. In October, 2005, the Appellant and the Respondent jointly purchased another town home in Pennington, New Jersey. In December, 2007, the Respondent acquired US citizenship. In July, 2008, the Appellant and Respondent purchased a new house in Manapalan, NJ, which was the marital home of the parties. On 29th October, 2008 the Respondent gave birth to son Reyansh. The petition discloses that the Respondent came to India along with her son Reyansh to attend marriage of the Respondent's sister in March, 2012. The Appellant also visited India on 13th April, 2012 and returned to U.S. alone. The Respondent did not return to the U.S. thereafter.