S SARAVANAN Vs. DEEPA

JUDGEMENT

(1.) The Respondent in O.P. No. 1417 of 2008 on the file of Principal Family Court, Chennai, is the revision Petitioner.

(2.) The Respondent herein filed O.P. No. 1417 of 2008 before the Principal Family Court against the revision Petitioner for restitution of conjugal rights and in that application, the revision Petitioner filed I.A. No. 2030 of 2009 to decide the maintainability of the O.P. No. 1417 of 2008 as a preliminary issue, in view of the divorce decree granted earlier in favour of the revision Petitioner herein and that application was dismissed by the Principal Family Court Judge and aggrieved by the same this revision is filed.

(3.) The case of the revision Petitioner is that the Respondent was his wife and he filed application for dissolution of marriage in Case No. 1-05-FL-125461 before the Superior Court of California to dissolve the marriage between him and the Respondent herein and as there was no appearance for the Respondent before the Superior Court of California despite service of summons that Court passed an order of dissolution of marriage on the ground of irreconcilable differences and therefore, the marriage between the Petitioner and Respondent was already dissolved by a Competent Court and hence the application filed by the Respondent herein for restitution of conjugal rights is not maintainable and therefore that question must be taken as a preliminary issue.