ADITYA PRASAD Vs. PERENA GUPTA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed by the petitioner-husband being aggrieved by the order dtd. 6/10/2025 passed by the Family Court, Jabalpur, whereby application of the petitioner under Sec. 44-A of the Code of Civil Procedure 1908, has been rejected by the Family Court.

(2.) The learned counsel for the petitioner has argued before this Court that a marriage between the petitioner and the respondent was solemnised in India on 28/11/2019 and a marriage certificate was issued by the Marriage Registering Officer, Jabalpur on 2/12/2019. It is argued that both the parties i.e. petitioner-husband and respondent-wife are citizens of India but because the husband is at present domiciled in New Zealand as he is residing in New Zealand since the year 2021 and he intends to settle down in New Zealand permanently, therefore, he filed an application for divorce before the Court at New Zealand i.e. Family Court, Auckland, New Zealand in FAM-2023-095-005830 under Family Proceedings Act, 1980 applicable in New Zealand.

(3.) It is argued that on account of irreconcilable breakdown of marriage, which is a ground under Sec. 39 of the Family Proceedings Act 1980, applicable in New Zealand, a decree of divorce has been granted.