RAKESH KUMAR Vs. ASHIMA KUMAR

JUDGEMENT

(1.) The challenge in the present petition is to an order passed by the learned trial Court on 17-1-2007 issuing notice of an ad interim injunction application filed by the petitioner to the defendant on 27-1-2007.

(2.) The petitioner has filed a suit for mandatory injunction/permanent injunction/prohibitory injunction restraining the defendant from continuing with the complaint for divorce pending in the Superior Court of New Jersey Chancery Division-Family Part Passaic County (hereinafter referred to as 'the Foreign Court') and from filing any other suit case against the plaintiff in the Courts at New Jersey (USA) or any other Court abroad, in contravention of the provisions of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').

(3.) It is the case of the petitioner that the marriage between the parties was solemnized on 27-1-2000 at Dehradun in the State of Uttaranchal. The parties resided as husband and wife at Panchkula. A daughter was born out of the wedlock on 13-9-2002. The defendant initially went abroad without permission and without seeking consent of the plaintiff on 15-6-2005, leaving her three year old child with her relatives in Delhi. On return from England, the defendant again joined the Company of the plaintiff but refused to apologise for her behaviour and remained non committal about her future plan of leaving the country without the consent of the plaintiff.