AIR 2015 (NOC) 1272 (BOM.) (NAGPUR BENCH) ::2015 (5) ABR 48

Bombay High Court ( Nagpur Bench )

Hon'ble Judge(s): Z. A. Haq , J

(A) Constitution of India Art. 226 — Alternative remedy — Matrimonial dispute — Husband filing proceedings for divorce and custody of minor child before court at USA — Wife filing proceedings for divorce and custody of child before Family Court at Akola, India — Proceedings were going on before different courts at two different places simultaneously — Husband filing writ petition before Bombay High Court challenging order of Family Court that it had jurisdiction to entertain proceedings filed by wife — Petitioner should not be relegated under S 115 of Code of Civil Procedure to challenge order of Family Court under such circumstances — Writ petition maintainable (Para 6,7)

(B) Family Courts Act (66 of 1984) S. 19 (1)— Appeal — Maintainability — Remedy of appeal against order is available if the order is not interlocutory order — Order of Family Court deciding that it has jurisdiction — Is interlocutory order and not final order as proceedings are not terminated because of the order — Appeal under S 19(1) would not be maintainable against that order (Para 10)

(C) Family Courts Act (66 of 1984) S. 7 — Jurisdiction of Family Court — Principles of ' Comity of Courts— — Applicability — Husband filing divorce proceedings and proceedings for custody of minor child in court at Wayne U S A — Wife conceded to jurisdiction of court at Wayne— Subsequently filing proceedings for divorce and custody of child before Family Court at Akola India— It is not proper on part of wife to proceed with the petition before the Family Court at Akola, India simultaneously after submitting to jurisdiction of Court at Wayne, USA — Family Court at Akola ought to have imposed self-restraint in the matter considering principles of ' Comity of Courts — (Para 16,18)