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2022 Supreme(Del) 1961

AMIT BANSAL
Damini Manchanda – Appellant
Versus
Avinash Bhambhani – Respondent


JUDGMENT

Amit Bansal, J. (Oral)

I.A. 566/2022 (O-XXXIX R-1 & 2 of CPC)

1. The present application was filed on behalf of the plaintiff seeking interim order restraining the defendant from proceeding with the divorce petition filed by him before the Superior Court of Justice, Ontario, Toronto, Canada (Canadian Court).

2. It is the case of the plaintiff that the plaintiff has filed a divorce petition against the defendant before the Family Court, Saket, New Delhi on 16th December, 2020, which has been pending for over a year and the defendant has avoided service in the said matter. In order to harass the plaintiff, the defendant filed a divorce case in Canada on 13th December, 2021.

3. The aforesaid application came up before the Predecessor Bench on 12th January, 2022, when summons in the suit and notice in the present application were issued to the defendant. However, no ex parte interim injunction was granted at that stage.

4. The relevant observations by the Court on 12th January, 2022 are set out below:

    "8. Ms. Preeti Singh, learned counsel for the plaintiff, has submitted that urgent interim directions are required to be issued in this case. It is submitted that the parties st

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