Rule. Made returnable forthwith.

1. The petitioner husband has challenged the order dated 28th February, 2013 of the Principal Judge, Family Court, Mumbai allowing an application of the respondent wife for injunction restraining her husband from pursuing case No. 65 of 2012 filed by him in Dubai Court for divorce and custody of child and other incidental reliefs and from filing any further proceedings in that Court. It is, therefore, an application popularly called an application for anti-suit injunction.

2. The parties have been married since long. They have a child, 7 years old.

3. The wife has claimed cruelty and harassment at the hands of her husband due to which she claims to have been constrained to have taken the child to Dubai for bringing him up in a congenial atmosphere. This has been since July, 2010. The husband has claimed that this was a malafide action to deprive him of the custody and access to his son and constrained him to file a Habeaus corpus Petition, the orders in which came to be breached. After the parties litigated in this Court and the Supreme Court, since the child was by then in Dubai, the husband claims that he was constrained to go to Dubai