Being aggrieved, the respondent wife filed an application for vacation and modification of the order dated 26.09.2016.
Brief facts Having regard to the nature and circumstances of the case, we do number intend to discuss all the facts in detail at this stage.
15 of 2016 whereby ad interim injunction granted against the respondent wife, vide order dated 26.09.2016 Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.04.17 172239 IST Reason has been vacated.
7190 of 2016 before the High Court.
Learned District Judge, vide order dated 18.10.2016, vacated the injunction granted vide order dated 26.09.2016.
The appellant husband was working in United States of America USA at the time of marriage and he took the respondent wife to USA on Dependent Visa.
Heard Ms. Indu Malhotra, learned senior companynsel for the appellant husband and Mr. V. Giri, learned senior companynsel for the respondent wife and perused the record.
2016 008918 FD in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, USA for divorce on the ground of irretrievable breakdown of marriage and other reliefs.
7190 of 2016 whereby learned single Judge of the High Court dismissed the revision filed by the appellant husband against the order dated 18.10.2016 passed by the District Judge, Family Court, Gurgaon in Civil Suit No.
The appellant husband filed a petition being H.M.A. No.
15 of 2016 before the District Judge, Family Court, Gurgaon, under Section 7 of the Act for permanent injunction and declaration inter alia to restrain the respondent wife from pursuing the petition for divorce before the Court in USA.
601 of 2016 under Sections 13 and 26 of the Hindu Marriage Act, 1955 in short the Act against the respondent wife at the Family Court, Gurgaon which is pending adjudication before the Court.
Aggrieved by the order vacating injunction, the appellant husband preferred CR No.
Both the parties got the citizenship of USA in May, 2003.
Thereafter, the appellant husband filed Civil Suit No.
They obtained PIO status Person of India Origin in June 2003 and OCI status Overseas Citizens of India in July 2006.
Learned single Judge of the High Court, vide order dated 03.11.2016 dismissed the petition filed by the appellant husband.
Point s for companysideration The only point for companysideration before this Court is whether in the present facts and circumstances of the case, the appellant husband is entitled to the decree of anti suit injunction against the respondent wife?
Learned District Judge, vide order dated 26.09.2016, granted ex parte ad interim injunction to the appellant husband.
K.Agrawal, J. Leave granted.
The present appeal has been filed against the impugned judgment and order dated 03.11.2016 passed by the High Court of Punjab Haryana at Chandigarh in CR No.
Aggrieved by the judgment and order dated 03.11.2016, the appellant husband has filed this appeal by way of special leave before this Court.
The marriage between Dinesh Singh Thakur the appellant husband and Sonal Thakur respondent wife was solemnized on 20.02.1995 as per Hindu rites and two children were born out of the said wedlock.
Hence, the facts are stated in a summarized way only to appreciate the issue involved in this instant appeal.
Subsequently, the respondent wife filed a petition being Case No.
