MOHAMMAD ZUBER FAROOQI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, with the consent of parties matter is heard and disposed of finally at the stage of admission.

(2.) It is the case of the Petitioner that, on 26.12.2008, the Petitioner and Respondent married in Lucknow as per Muslim law. On 10.01.2009 the Respondent No. 2 migrated to North Carolina, USA with the Petitioner. In the year 2012, the Petitioner and Respondent No. 2 shifted to California. On 13.09.2013, Respondent No. 2 gave birth to male child i.e. Zayan Farooqi. On 19.08.2014 Respondent No. 2 left Petitioner's home in USA and went to her brother's place in Columbus, Indiana USA. On 13.09.2014 and 14.09.2014, the Petitioner and Respondent No. 2 met at public place in Columbus. On the very same date, the Petitioner filed divorce and child custody petition in the Superior Court in California. In between 14.01.2015 to 20.01.2015 several attempts were made by the California Superior Court to serve the summons to Respondent No. 2, but she deliberately evaded service. On 21.01.2015, Respondent No. 2 came to India and resided in Meerut. On 06.05.2015, the Petitioner gave divorce to Respondent in India. In July 2016, Respondent No. 2 filed permanent Custody Petition in Family Court, Bandra. In September 2016, the lawyer of Respondent No. 2 claimed that an email was received from the Petitioner's lawyer in USA. On 15.10.2016, Respondent No. 2 filed an FIR.

(3.) Learned counsel appearing for the Petitioner submits that, there was more than two years delay in filing the complaint by Respondent No. 2 before the learned Magistrate's Court. When there was delay, on the said ground alone, the Magistrate ought to have dismissed the complaint. In support of aforesaid contention, learned counsel appearing for the Petitioner relied upon the exposition in the case of Trilochan Singh Vs. Manpreet Kaur & Anr Misc. Single No. 4177/2012. Santosh Kumar Yadav & Anr. Vs. State of UP & Anr,2015 SCConlineALL 8656. Seja Dharmesh Ved Vs. State of Maharashtra, Criminal Appeal No. 160/2011. Inderjeet Singh Ghrewal Vs. State of Punjab & Anr, 2011 12 SCC 588. Arun Vyas Vs. Anita Vyas, 1999 4 SCC 690.