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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 06.12.2023

Judgment delivered on: 03.01.2024

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MAT.APP.(F.C.) 358/2023 & CM APPL. 62410/2023

SHRI SUMIT SAPRA

..... Appellant

Through:

Mr. Arvind Kumar Sharma and

Mr. Aniteja Sharma, Advocates.

versus

SMT. AKANSHA AHUJA SAPRA

..... Respondent

Through:

Mr. Neeraj Gupta and Mr. Prateek

Goswami, Advocates.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1.

The challenge in this appeal is to an order dated November 20, 2023

passed by learned Judge, Family Court, North District, Rohini, Delhi,

whereby the application preferred on behalf of the appellant under Order

XXXIX Rule 1 & 2 C.P.C. read with Section 151 C.P.C. was dismissed and

ad-interim injunction granted vide order dated October 26, 2023 was

vacated.

2.

In brief, as per the case of the appellant, marriage between the

appellant and the respondent was solemnized according to Hindu rites and

ceremonies on October 17, 2018 in Delhi. The parties moved to USA after

few days of marriage on December 16, 2018. A child was born out of the

wedlock on September 27, 2021 and is currently living in USA in joint

Digitally Signed

By:DINESH CHANDRA

Signing Date:03.01.2024

18:05:19

Signature Not Verified

custody of the parties.

3.

It is further the case of the appellant that on October 17, 2022, the

parties reached Delhi from USA, but the respondent did not permit the

family of the appellant to meet the new born child. Thereafter, they returned

to USA in January 2023. Further, as on April 02, 2023, the parties were

living in the same house but without co-habitation.

4.

Thereafter, a petition under Section 13(1)(ia) of the Hindu Marriage

Act, 1955 was preferred on behalf of appellant, seeking divorce on the

grounds of cruelty, before the Family Court, Rohini on May 19, 2023, which

is listed for hearing on February 13, 2024.

5.

A petition was also preferred on behalf of the respondent wife in the

State of Michigan before Judicial Circuit Probate Court, County of Oakland,

Family Division, USA vide case No. 2023-522892-Dm titled as „Akansha

Ahuja Sapra v. Sumit Sapra‟ and notice/summons of the said case were

received by the appellant on September 26, 2023.

6.

In the aforesaid background, appellant preferred an anti-suit injunction

read with Section 7 and 8 of the Family Courts Act, 1984 being CS No.53/23

on October 16, 2023 before the Principal Judge, Family Court, North

District, Rohini, Delhi for restraining the wife from proceeding with divorce

petition filed by her before the Court in State of Michigan, USA. An ex

parte ad-interim injunction was granted by learned Judge, Family Court vide

order dated October 26, 2023 but the application under Order XXXIX Rule 1

& 2 C.P.C. was finally dismissed vide order dated November 20, 2023 and

the interim stay was vacated.

7.

The case of the appellant is that respondent has preferred the divorce

proceedings before the State of Michigan, Judicial Circuit Probate Court,

Digitally Signed

By:DINESH CHANDRA

Signing Date:03.01.2024

18:05:19

Signature Not Verified

County of Oakland, Family Division, USA with a malafide and ulterior

motive, despite the fact that the marriage between the parties was solemnized

at Delhi and both the parties lastly resided as husband and wife in India.

Further, the respondent has a permanent address in Delhi.

It is further contended by learned counsel for appellant that the parties

are permanent citizens of India but have been residing in USA only because

of their respective jobs. The residence of both the parties is stated to be only

temporary since they did not apply for „Green Card‟. It is emphasized that

appellant had not submitted to the jurisdiction of the Court in USA at the

time of filing of proceedings before the Family Court. It is further urged

tha