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2024 Supreme(Del) 588

DHARMESH SHARMA
Abhishek Saxena – Appellant
Versus
Anukriti Srivastava – Respondent


Advocates appeared:
Mr. Kriti Uppal, Sr. Advocate with Mr. Salman Hashmi, Mr. Zeeshan Hashmi, Mr. Himanshu Bidhuri and Ms. Riyal Gulati, Advs. with Petitioner in person.
Mr. Sunil Kumar Singh and Mr. Hari Om Sharan Singh, Advs., for the Respondent.

JUDGMENT

DHARMESH SHARMA, J.

1. This judgment shall decide the present petition filed by the petitioner invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India seeking the following prayers:

    "a. Allow the instant petition and set aside the order dated 02.11.2023 passed in CS no. 4 of 2021 by the hon'ble Judge, Family Court, Patiala House Court and pass a judgment based on the admission of plaintiff/ respondent herein made on 14.03.2023 that she is not a resident on Delhi since 28.09.2019, and the trial court does not have territorial jurisdiction to try CS No.4 of 2021,

    b. Any further order in the interest of justice."

2. Shorn of unnecessary details, the respondent, who was married to the petitioner as per the Hindu rites and ceremonies on 22.01.2013 at Agra, Uttar Pradesh, has filed a civil suit for declaration to set aside the ex-parte decree of divorce in case No.18 DR1 00137 1B dated 28.06.2018 passed by the First Judicial District Court of the State of Nevada in and for Carson City (USA).

3. The respondent filed the suit before the learned Principal Judge, Family Court, Patiala House Court Complex, New Delhi [Family Court], claiming that














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