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2014 Supreme(P&H) 293

RAJIV NARAIN RAINA
Rupak Rathi – Appellant
Versus
Anita Chaudhary – Respondent


Advocates:
For the Petitioner:Mr. J.S. Bedi, Advocate.
For the Amicus Curiae:Mr. Anil Malhotra, Advocate,
For the Respondent:Mr. Jitender Dhanda, Advocate.

JUDGMENT

Mr. Rajiv Narain Raina, J.: - This is a rather strange and awkward case to deal with. The petition has been filed under Article 227 of the Constitution of India challenging the order dated 5th April, 2013 passed by the learned District Judge, Panchkula declining an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’ for short) filed by Rupak Rathi in a divorce petition instituted by his wife Anita Chaudhary under Section 13 of the Hindu Marriage Act, 1955 (‘HMA’) praying for dissolution of marriage. Nevertheless, the issues involved have a wide import on other cases of the kind with serious ramifications on the applicability of the last of the three exceptions carved out by the Supreme Court in Y. Narasimharao and others v. Y. Venkata Lakshmi and another; (1991) 3 SCC 451 in para. 20 of the ruling on recognition of foreign matrimonial decrees sought to be enforced in India and where the three exceptions for the first time have been carved out from the basic rule that the jurisdiction assumed by the foreign Court as well as the grounds on which the relief is granted by a foreign court must be in accordance with the matrimonial law under which the
























































































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