IMPORTANT POINT
Domestic Violence Act—No order can be passed by Family Court under Domestic Violence Act when alleged domestic relationship itself is under challenge—Purpose of Domestic Violence Act is to protect women from domestic violence and to bring women at par with men in society but she cannot take undue advantage of law.

JUDGMENT (CAV)

B.N. Karia, J.—By way of present petition, petitioner has prayed for following reliefs:—

“[I] Your Lordships may be pleased quash and set aside the judgment and order passed by the learned Family Court NO.3, Ahmedabad in interim order passed under Exh.15 dated 07/12/2019 by the learned Family Court no.3, Ahmedabad in Family suit NO.894/2019.

[II] Your Lordships stay the judgment and order passed by the learned interim order passed under Exh.15 dated 07/12/2019 by the Learned Family Court no.3, Ahmedabad in Family suit NO.894/2019.

[III] Any other and/or further relief/s that this Hon’ble Court may deem fit looking to the facts and circumstances of the case may be awarded to the Applicants.”

2. Brief facts of the present case may be summarized as under:

2.1 Petitioner is an advocate at the Metro Court and since 2005, he is residing in Canada and doing job. He is having Canadian citizenship since last 6 years as well as he is also OCI (overseas citizenship India) in India. Mother and father of the petitioner are the permanent resident of U.S.A. That, petitioner having some residential properties in Maninagar and Narol area. That he has obtained divorce through court from his earlier wife and as he was in need of a partner, he had given an advertisement for marriage in newspaper, along with his mobile number and after this advertisement, respondent by caste Christian, contacted him and they talked on the telephone and shared the history to each other and at that time, petitioner told her that he is divorcee, to which, respondent informed that she is aged about 45 years and spinster (unmarried). She was in search of NRI bridegroom and they both decided to marry. Thereafter, the petitioner showed his desire to meet her mother, and therefore, respondent called him to 17, Sharon, Christpok Society, CTM, Ahmedabad and at that time met her mother and brother Pradeep. Petitioner asked her mother “why respondent is still unmarried” to which they told that we don’t have any proper boys in our society and we are in search of NRI bridegroom, and therefore, she is unmarried”.

2.2 Thereafter, the petitioner had performed registered marriage with said respondent on 05.07.2018, and thereafter, when the petitioner was to leave to Canada on 06.08.2018, two days earlier i.e. on 02.08.2018, he received a cover through post, in which, he got a divorce deed of respondent, due to which, the petitioner got shocked, and thereafter, he went to the residence of respondent and asked about the earlier marriage and divorce but they didn’t reply properly. That ticket of the petitioner was already booked prior to this incident, and therefore, petitioner went to Canada on 06.08.2018. During this period, petitioner tried to get real truth behind the curtain but when he inquired about his matter with respondent, she told that it is false allegation and told the petitioner to trust her. As the petitioner had made search and during his search, it was found that respondent has already got married with two persons and got divorce on stamp paper. It also came into knowledge of the petitioner that after the marriage, she obtained big amount on the ground of divorce, and hence, petitioner understood that he was cheated, and therefore, petitioner clearly informed to respondent that he cannot call her to Canada because she did not have valid divorce decree of court and he can not give false information to Immigration Department because Immigration Department needed compulsory court divorce decree and she did not had it.

2.3 As the petitioner got the job in Canada, he went to Canada on 06.08.2018, after handing over the possession of house to his parents Bachubhai Manilal Sharma & Kusumben, and his father was paying the maintenance, tax bill & light bill of the said residence property (105, Shalin Height-2, Flat), which is situated at Narol. That after the returning from the Canada, petitioner immediately sent a notice on 15.11.2018 through his advocate to