MOHAMMAD RAZIK SHAIK Vs. SUFIA SULTANA BANO MOHAMMAD,

JUDGEMENT

(1.) Heard Sri Suryam Gannavarapu, learned counsel for the petitioner and Sri S. Lakshminarayana Reddy, learned counsel for the respondent.

(2.) The petitioner is the husband of the respondent/wife. The respondent/wife filed F.C.O.P.No.1313 of 2022 (in short 'FCOP'), pending in the Court of XIV Additional District & Sessions Judge-cum-Judge, Additional Family Court, Vijayawada (in short 'the Family Court'), through General Power of Attorney holder, under the Mohammedan Law, for restitution of conjugal rights. The marriage (Nikha) was performed on 5/12/2020 as per Muslim law, rites and customs at Hyderabad. It is the case of the respondent/wife that the husband used to work in Canada and also gave a hope to the wife that he will take her to Canada and would settle there. The wife came to know that the husband filed a petition for granting divorce, petition No.FC-22-00000623-0000 before the Superior Court of Justice Oshawa, Toronto, Canada on 3/5/2022 on allegedly false averments, in a Court having no jurisdiction. She filed FCOP stating that the husband without any reasonable excuse or justifiable cause withdrew from the society of the wife and was not allowing her to join the husband to lead marital life, though he was bound to discharge his duties towards the wife and so the wife was entitled for restitution of conjugal rights. Inter alia, the harassment and consequently, complaints against the husband were also pleaded. The more details of the pleadings are not required to be stated for the decision of the present petition as it arises out of an interlocutory order passed in I.A.No.742 of 2024 in FCOP No.1313 of 2022.

(3.) In FCOP, the petitioner/husband filed I.A.No.742 of 2024 to permit him to appear before the Family Court, Vijayawada through video conference on a date and at a time designated for reconciliation. He inter alia pleaded that he was residing at Canada for job purpose and despite his efforts, he was unable to secure leave and so unable to attend the Court and intended to appear through video conference.