SUBHASH KUMAR Vs. SWEETY BINDAL

JUDGEMENT

(1.) The petitioner, through instant petition under Articles 226 and 227 of the Constitution of India, has sought issuance of an appropriate writ for quashing of divorce order dated 15.11.2016 Annexure P-5 passed by Federal Circuit Court of Australia at Melbourne, terminating the marriage between respondent and the petitioner on the ground that the order is without jurisdiction; having been obtained by fraud and being violative of rules of natural justice and the provisions of the Hindu Marriage Act, 1955.

(2.) It has been urged that the said order deserves to be declared a nullity and inoperative on the rights of the petitioner as per the rules of private international law.

(3.) Learned counsel for the petitioner has submitted that the respondent is not permanent resident of Australia and as such she was not entitled to file a petition for dissolution of marriage in Australia.