SWATHI SRIVATSAV Vs. ROHIT KUMAR

JUDGEMENT

(1.) The petitioner-wife filed an anti suit perpetual injunction for restraining the respondent-husband from proceeding with the dissolution of marriage before the Family Court at Wellington, New Zealand. The petitioner-wife executed a Special Power of Attorney dtd. 23/3/2022 authorizing her father to file plaint under Order VII Rule 1 read with Sec. 26 of the Civil Procedure Code, 1905 (CPC). The said Original Suit (O.S) was not numbered and registered by the Office of the Court below, but the same was taken up as SR No.682 of 2024 pregnant with number of office objections. The petitioner in order to satisfy the Court about the objections argued the matter on office objections, but the Court below by docket order dtd. 9/5/2024 decided to return the said suit. This docket order is subject matter of challenge in the present Civil Revision Petition before this Court under Article 227 of the Constitution.

(2.) Shorn of unnecessary details, as pleaded the relevant facts are that the petitioner and respondent solemnized their marriage as per Hindu rites and customs on 19/11/2019 at Gaya (Bihar). The marriage was registered under provisions of Special Marriage Act, 1954, at Hyderabad, Telangana, on 24/4/2019. The respondent resided at New Zealand and due to matrimonial discord between the petitioner and respondent, the petitioner returned to India on 7/6/2020. The petitioner later got admission in London in MBA International course and presently, she is pursuing her education in London.

(3.) The petitioner filed application in M.C.No.348 of 2022 on the file of the II Additional Family Court, Hyderabad under Sec. 125 of the Criminal Procedure Code, 1973 and DVC Act. In addition, she also filed O.P.No.480 of 2024 under Sec. 9 of the Hindu Marriage Act, 1955, on the file of Principal Family Judge, Hyderabad, seeking restitution of conjugal rights. The other proceedings were also filed by the petitioner under Ss. 498-A, 307 and 406 of the Indian Penal Code, 1860 and Ss. 4 and 6 of the Dowry Prohibition Act, 1961. The said complaint was taken on record by XVIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and accordingly, numbered as Crime No.381 of 2020 and the same has been registered in C.C.No.7321 of 2021 on the file XIII Additional Chief Metropolitan Magistrate, Hyderabad. The respondent has also been contesting the said proceedings.