A.K. Menon, J.

1. By the present appeal, the appellant challenges the order dated 14th June, 2013 passed by the Family Court Pune in a petition filed by the Respondent-wife seeking divorce under the provisions of Section 13(1)(ia), 25 & 26 of the Hindu Marriage Act, 1955 (the Act). The impugned order is passed on an application challenging the territorial jurisdiction of the Family Court, Pune to try the petition seeking divorce filed by the Respondent under section 13(1)(ia), 25 & 26 of the Act. While the main petition is filed by the Respondent-wife on 5th November, 2012, the present application is taken out on 22nd March, 2013 seeking framing of a preliminary issue of jurisdiction of the Family Court and dismissal of the petition for want of proper jurisdiction and in the alternative for return of the petition for filing before the appropriate Court in New Jersey, USA.

2. The facts in brief leading to the present application are:-

The Appellant (original Respondent) immigrated to U.S.A. in the year 1994 and obtained a green card. The Appellant became a naturalised US citizen. The marriage between him and the Respondent was solemnized on 21st November, 2002. The marriage was