Debangana Ray
Published on July 12, 2022 at 17:13 IST
The Delhi High Court has taken a serious view of the case where the husband purposely avoided divorce proceedings filed by the wife in India, refused to appear before court and filed a separate case in Canada.
Justice Amit Bansal passed an interim injunction against the husband restraining him from proceedings with divorce case filed by him in Canada.
The Judge observed that the multiple divorce proceedings may lead to clash in decisions between the two courts.
It was stated that, “It is clear from the above, that the defendant has deliberately avoided service in the divorce petition in order to file divorce case before the Canadian Courts.”
“Perhaps, the defendant believed that the matrimonial laws in Canada would be more advantageous to him as compared to the Indian law.”
It further stated, “The Court takes a serious view of the matter that the defendant has deliberately avoided service in the divorce proceedings in India, but continues to pursue the divorce case filed by him before the Canadian Court.”
“Despite service in the present matter and being aware of the present proceedings, the defendant refuses to appear before this Court.”
The Court was dealing with an application filed by the wife seeking an interim order restraining the defendant husband from proceeding with the divorce petition filed by him before the Canadian Court.
The plaintiff and defendant were married in New Delhi on 21st December, 2002 and continued to reside in the city till April, 2018, the Court said that it cannot be denied that the Family Courts in Delhi would have the jurisdiction to entertain the divorce case.
”Applying the aforesaid principles to the facts of the present case, the defendant is amenable to jurisdiction of this court. Further, in my view, ends of justice will be defeated if the anti-suit injunction is not granted.”
“The defendant has deliberately chosen not to appear in the present proceedings as well as the divorce proceedings filed on behalf of the plaintiff in India and at the same time pursuing the divorce proceedings before the Canadian Courts,” the Court said.
While disposing of the application, the Court directed that the defendant be deemed to be served and listed the matter before the Joint Registrar for for further proceedings on 12th September, 2022.