ANISHA SINGH Vs. SANJU CHAND

JUDGEMENT

(1.) THIS Rule has been issued on an application for contempt filed by the appellant of a First Miscellaneous Appeal alleging wilful disobedience of the respondent by violating the order dated 22nd June, 2007 passed by a Division bench of this Court in connection with the said appeal whereby the respondent was restrained from further proceeding with the application for divorce being numbered as 06 FA 1452 of the Circuit Court, Branch1, at Waukesha Country of wisconsin State, United States of America. According to the applicant, in spite of full knowledge of such order, the respondent proceeded with the said matrimonial Proceeding and got an ex parte order of divorce from the above Court of the United States of America.

(2.) THE petitioner before us filed a suit being Matrimonial suit No. 893 of 2007 in the Court of District Judge, Alipore, District: South 24- Parganas for judicial separation against the respondent and also for declaration that their marriage cannot be dissolved except in accordance with the provision of the special Marriage Act and in connection with the said suit, she filed an application for injunction restraining the respondent from proceeding with the matrimonial Proceedings being 06 FA 1452 in the Unites States of America as stated above.

(3.) THE learned District Judge having refused to grant any ad interim order of injunction, the petitioner preferred an appeal being F. M. A. T. No. 2334 of 2007 before this Court and immediately after admission of the said appeal under Order 41 Rule 11 of the Code of Civil Procedure, she moved an application for appropriate order being CAN No. 5281 of 2007 whereupon a Division Bench of this Court directed the learned advocate for the petitioner to serve copy of the application upon the respondent informing that the matter would appear before appropriate Bench after four weeks from 22nd June, 2007. Direction was given for service of the copy of the application not only direct upon the respondent but also through the Indian Embassy in the Unites States of America.