MANMOHAN SINGH, J.

1. The present application under consideration has been filed by defendant No. 1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (?CPC for short) read with Sections 9 and 151 of the CPC, Section 4 of the Hindu Marriage Act, 1955 and Section 5 of the Hindu Minority and Guardianship Act, 1956 for rejection of the plaint.

2. The present suit has been filed by the plaintiff No. 1 praying for the following reliefs :

a) Grant an anti suit injunction restraining the defendant No. 1 from filing, instituting and continuing, inter alia, any custody proceedings against the Plaintiff in Dubai and from prosecuting any such proceedings already filed;

b) Declare that the marriage contracted under Islamic Law by the Defendant No. 1 is void by virtue of its bigamous nature;

c) Declare that the children would not be subject to the Islamic Law being from Hindu Marriage solemnized and registered under Hindu Marriage Act, 1955;

d) Declare that the mother is the guardian of the children under the Hindu Minority and Guardianship Act, 1956.

3. The brief facts leading up to the filing of the present suit are that the plaintiff No. 1 and defendant No. 1 were marrie