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DELHI HIGH COURT
P.K. Bhasin, J.
Ponty Singh —Plaintiff
versus
Anu Singh Bhatia —Defendant
CS (OS) 820/2012 & I.A.Nos.5783/2012 & 6736/2012
Decided on 6.1.14

Counsel for the Parties:
For the Plaintiff:Ms. Geeta Luthra, Senior Advocate with Mr. Sanjeev Sahay, Advocate.
For the Defendant Mr. A.S. Chandhiok, Senior Advocate with Mr. P. Banerjee, Ms. Harleen Kaur and Ms. Princy Ponnan, Advocates.

Headnote:Suit for anti—Suit injunction— Divorce Petition under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 filed by plaintiff in the Family Court in Delhi—Plaintiff apprehending that his wife would initiate legal proceedings for dissolution of their marriage in Singapore filed present suit for getting relief of ‘anti-suit injunction’ against defendant restraining her from initiating any legal proceedings against him in Singapore or any other country for dissolution of their marriage—Stay application under Order 39 Rules 1 and 2 CPC filed by plaintiff contending that subsequent to the filing of the divorce petition by him in the Family Court at New Delhi defendant had filed a divorce petition in Singapore—Held not only plaintiff was not entitled to any interim relief but even his suit itself was liable to be dismissed as being infructuous— No dispute that after having come to know about initiation of divorce proceedings in Singapore by defendant he had approached that Court for vacation of the Mareva injunction as also for stay of divorce proceedings by taking shelter under the principle of forum non-conveniens— That step taken by plaintiff showed that he was no more interested in getting relief from this Court in respect of the proceedings initiated by his wife in Singapore— Plaintiff in these circumstances had disentitled himself to get any relief in the present suit in respect of the proceedings initiated against him by his wife in Singapore Court— This suit was certainly now an infructuous suit and considering the fact that plaintiff himself had chosen not to seek even amendment in the plaint for claiming the relief of injunction against the defendant restraining her from continuing with the proceedings in the Singapore Court the suit could not be continued by this Court even in view of the provisions of Order VII Rule 7 CPC—Suit dismissed as having become infructuous and two stay applications also dismissed. (Paras 16 & 17)

       Result: Ordered Accordingly.

ORDER

P.K. Bhasin, J.—The plaintiff and the defendant in this suit for anti-suit injunction were married on 20th December, 1999 at New Delhi as per the Sikh rites and rituals. They left India and acquired British citizenship sometime in the year 2005. From the wedlock two daughters were born and they also acquired British citizenship. After staying in the United Kingdom for some years the entire family moved to Hong Kong and after a brief stay there they came to Singapore sometime in the year 2008 and thereafter they have been staying in Singapore only.

2. The plaintiff-husband claims in this suit filed on 27th March,2012 that his wife had perpetuated extreme cruelty on him, physical as well as mental. He claims that his wife is an alcoholic and consumes more than half a bottle of alcohol everyday starting from morning hours and after getting drunk she screams, shouts and creates an unpleasant atmosphere in the house and also becomes volatile and obnoxious. That behaviour of the defendant affected his personal life and business also and led to the filing of a Divorce Petition under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 in the Family Court in Saket District Courts, Delhi (registered as HMA No. 252/2012).

3. The plaintiff had further alleged in the plaint that he was apprehending that his wife would initiate legal proceedings for the dissolution of their marriage in Singapore and, therefore, he was filing the present suit for getting the relief of ‘anti-suit injunction’ against the defendant restraining her from initiating any legal proceedings against him in Singapore or any other country for the dissolution of their marriage. The relevant portions from different paras of the plaint in which apprehension regarding initiation of legal proceedings by the defendant in Singapore against the plaintiff has been expressed and the justification has been given for the grant of the relief of anti-suit injunction to the plaintiff are being re-produced below:-

“22. ..............................The plaintiff apprehends that the Defendant will initiate proceedings for dissolution of marriage in Singapore. The Defendant has threatened to initiate proceedings in Singapore on 25.03.2012. In view of these threats, plaintiff is constrained to file the present suit inter-alia praying that defendant be restrained from initiating any proceedings in Singapore in relation to their marriage.............................................

24. If any proceedings are initiated by the defendant in Singapore or elsewhere the same will not be conclusive and binding on Indian Courts and the Indian Legal System........................................................

25. ....................Hence the plaintiff is entitled for the relief of anti-suit injunction as India is the forum of convenience..................

26. In case, the defendant files any proceedings in Singapore then liberty be given to the plaintiff to amend this suit to bring a specific prayer seeking injunction against the defendant and in favour of the plaintiff restraining the defendant from proceeding with such proceedings ..............................................”

4. The prayer para in the plaint reads as under:-

“restrain the defendant, her assignees, agents, relatives etc. for initiating any proceedings against the plaintiff and his family members in any country and in particular in Singapore.”

5. Along with the plaint the plaintiff had also filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure,1908(being I.A. No. 5783/2012), which is now being disposed of by this order and the prayer made in the said stay application are as under:-

“It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to: -

restrain the defendant, her assignees, agents, relatives etc. for initiating any proceedings against the plaintiff and his family members in any country and in particular in Singapore;”

6. The sui

























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