Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sumit Sapra – Appellant
Versus
Akansha Ahuja Sapra – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. - The challenge in this appeal is to an order dated November 20, 2023 passed by learned Judge, Family Court, North District, Rohini, Delhi, whereby the application preferred on behalf of the appellant under Order XXXIX Rule 1 & 2 C.P.C. read with Section 151 C.P.C. was dismissed and ad-interim injunction granted vide order dated October 26, 2023 was vacated.
2. In brief, as per the case of the appellant, marriage between the appellant and the respondent was solemnized according to Hindu rites and ceremonies on October 17, 2018 in Delhi. The parties moved to USA after few days of marriage on December 16, 2018. A child was born out of the wedlock on September 27, 2021 and is currently living in USA in joint custody of the parties.
3. It is further the case of the appellant that on October 17, 2022, the parties reached Delhi from USA, but the respondent did not permit the family of the appellant to meet the new born child. Thereafter, they returned to USA in January 2023. Further, as on April 02, 2023, the parties were living in the same house but without co-habitation.
4. Thereafter, a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 wa
The main legal point established in the judgment is that the court may decline to grant an anti-suit injunction if the proceedings initiated by the respondent in a foreign jurisdiction are not vexati....
The jurisdiction for filing a divorce petition under the Hindu Marriage Act is determined by the last place of residence of the parties, which, if outside India, precludes Indian courts from having j....
The main legal point established in the judgment is that the grant of an anti-suit injunction is governed by the intention of the parties, the jurisdiction of the Foreign Court, and the principles of....
Wedding reception cannot be called as a part of marriage ritual.
The court's decision was influenced by the principles of jurisdiction, comity, and the balance of convenience, as well as the potential for conflicting decisions in multiple jurisdictions.
The jurisdiction over matrimonial disputes involving Hindus married in India remains under Indian law, regardless of their foreign citizenship, thus invalidating foreign divorce decrees not adhering ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
