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2016 Supreme(SC) 1739

A.K.SIKRI, ROHINTON FALI NARIMAN
VIVEK RAI GUPTA – Appellant
Versus
NIYATI GUPTA – Respondent


ORDER :

1. Leave granted.

2. Having regard to the nature of the order we propose to pass, it is not necessary to take note of the facts in detail. Only material facts are stated, which are as under:

3. The appellant was the husband of the respondent. Both were living in Ohio, USA. Some disputes arose between them which led to the matrimonial discord. It resulted in filing of various proceedings by the respondent-wife against the appellant-husband herein. The respondent-wife has obtained decree of divorce from US Court. Even the appellant-husband filed divorce petition against the respondent-wife in India in which a decree of divorce has been granted. Thus, insofar as separation of the appellant-husband from the respondent-wife is concerned, that has attained finality.

4. The appellant-husband had contested the proceedings in US for some time but thereafter he came back to India in the year 2004. Fearing that those proceedings shall continue ex-parte and may result in orders/decrees passed by the US Court adversely affecting his interest, the appellant-husband filed a petition in the Family Court Bandra, Mumbai seeking Anti Suit Injunction. In the said suit, he also filed an application

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