1. Thepetitioner in the above C.R.P. is the wife of the respondent herein.

2. The respondent has filed F.C.O.P.No.873 of 2009 on the file of the II Additional Family Court, Chennai for divorce on the grounds of mental cruelty and adultery.

3. Pending the F.C.O.P., the petitioner herein filed I.A.No.12 of 2010 under Order 7 Rule 11 C.P.C. to reject and dismiss the F.C.O.P.No.873 of 2009.

4. The said petition has been filed on the ground that the petitioner has filed divorce petition in case No.2009 D 452 in the circuit court of the 12th Judicial Circuit Will County, Illinois, and summons was received by the respondent on 16.3.2009; as a counter blast to the proceedings, the respondent has filed F.C.O.P.No.873 of 2009 and the petition was taken on file on 3.4.2009; there is no cause of action for filing the F.C.O.P. before the Family Court at Chennai; the petitioner and the respondent have taken permanent domicile in America and hence, they have subjected themselves to the jurisdiction of the courts at America and as such the provisions of the Hindu Marriages Act are not applicable to the petitioner and the respondent since they do not have any inclination to return to Ind